HomeMy WebLinkAboutTC Agd Pkt 2015-09-02TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
• Tiburon, CA 94920
AGENDA
Tiburon Town Council
September 2, 2015
Regular Meeting - 7:30 p.m.
TIBURON TOWN COUNCIL
CALL TO ORDER AND ROLL CALL
Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Tollini, Mayor Doyle
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended discussion
or action on items not on the agenda. Matters requiring action will be referred to the appropriate
Commission, Board, Committee or staff for consideration or placed on a future Town Council
meeting agenda. Please limit your comments to three (3) minutes.
INTRODUCTION OF NEW TOWN EMPLOYEES
• Building Inspector - Doug Haight
• Building Permit Clerk - Mike Vanderbilt
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless a
request is made by a member of the Town Council, public or staff to remove an item for separate
discussion and consideration. If you wish to speak on a Consent Calendar item, please seek
recognition by the Mayor and do so at this time.
1. Town Council Minutes - Adopt minutes of August 19, 2015 regular meeting (Town Clerk
Crane Iacopi)
2. Zoning Text Amendments - Adopt ordinance amending Chapter 16 (Zoning) of the
Tiburon Municipal Code that would modify provisions regarding interpretation of Zone
Boundaries vis a vis Public Streets and Highways; clarify the separation of fences for
purposes of height measurement and modify certain provisions with respect to processing of
permits for Wireless Communications Facilities: Town -initiated amendments (Community
Development Department)
3. PACE Program - Adopt resolutions allowing property owners in Tiburon to participate in
the California HERO, Ygrene, Figtree, and CSCDA's Open Market Property Assessed Clean
Energy (PACE) financing programs to increase the funding opportunities to residents and
businesses in the Town (Community Development Department)
4. Blackie's Picnic Meadow - Award of contract for improvements (picnic tables, pathways,
landscaping) in the vicinity of Blackie's Pasture ("Blackie's Picnic Meadow") (Director of
Public Works/ Town Engineer Barnes)
ACTION ITEMS
1. Seasonal Rental Units - Adoption of ordinance amending Chapter 16 (Zoning) of the
Tiburon Municipal Code to prohibit seasonal rental units (Community Development
Department)
Kayak Put -In - Discussion of possible kayak and paddleboard put -in along Shoreline Park
and direction to staff (Town Manager Curran/ Director of Public Works/ Town Engineer
Barnes)
3. Town Manager Recruitment - Recommendation to approve brochure for recruitment of a
new Town Manager (Council Recruitment Committee: Councilmembers O'Donnell and
Fraser)
PUBLIC HEARINGS
1. 25 Gilmartin Drive Precise Plan (PD #28) - Consider request to amend the Tiburon Shores
Precise Plan to expand the primary building envelope on Lot 3 (Community Development
Department) (Note: this item was approved on August 19 but, due to a noticing deficiency, it is being
resubmitted for approval on September 2)
Owners: Darol and Tara Ryan
Applicant: Mohamad Sadrieh
AP No. 055-253-30
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests - August 21 & 28, 2015
ADJOURNMENT - in memory of Barbara Abrams
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere -Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
www. c i. tibu ro n. c a. u s.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability -related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
ANALYSIS
Zoning of Streets
Town Council \-lccting
Augusr 19, 2015
The zoning ordinance currently determines zone boundaries based on the centerline of streets,
with the zone found on either side running to the center of the street. While this is a commonly -
used approach in zoning ordinances, the Town has noted situations where a more refined
approach would either avoid illogical results or better serve the public interest.
For example, there are streets in Tiburon (most notably Paradise Drive and Tiburon Boulevard)
where the property on the other side of the street is located in another jurisdiction and has zoning
not found in the Tiburon Zoning Ordinance; utilizing the centerline of the street as the zoning
boundary results in an illogical conclusion in such situations. The proposed text amendment
would address such situations by extending the Town's boundary the full width of the street and
not stopping at the centerline.
Additionally, Tiburon Boulevard is a state highway subject to occasional right of way surplus by
Caltrans. The proposed text amendment would classify any and all state highway right-of-way in
Tiburon as being in the Public/Quasi-Public zone, consistent with its current public ownership
and use.
Fence/Wall Separation & Heieht
The zoning ordinance limits fence heights to six feet in most instances. To avoid the appearance
of overly tall walls, the Town requires a minimum separation of three feet between walls or
fences. If this minimum separation is not provided, the fence/wall heights become cumulative for
measurement purposes. Of course, this provision was meant to apply to walls and/or fences on the
same property, and not to adjoining fences or walls on different properties. If the latter were the
case, two adjoining six foot fences on neighboring properties (a common occurrence) would not
be allowed without a substantial height variance; an illogical result. Nevertheless, this issue was
raised in a recently -resolved lawsuit against the Town, and the Town Attorney recommended that
the zoning ordinance be clarified at the next practical opportunity. The proposed text amendment
would clarify that this provision applies only to fences and/or walls on the same property.
Wireless Communication Facilities
The Town recently adopted amendments to implement federal regulations regarding wireless
communication facilities stenuning from the Middle Class Tax Relief and Jobs Creation Act of
2012. In response to comments submitted by a wireless provider, the Town Attorney is
recommending minor modifications to some of the wording in the recent amendments. The
amendments would clarify that the 60 -day "shot clock" established by federal regulations
includes any appeal heard by the Planning Commission and would clarify that any other Town -
required permits (typically a building permit) may be processed concurrently with the
administrative review of the wireless facility by the Director. Related amendments would clarify
To\\'\ car• TIBI RO ' Page 2 of 3
16-30.040 - Fences and Walls
A. Applicability. The requirements of this Section apply to all fences and walls, including
fence/wall combinations, unless otherwise stated.
B. Height limits. Fences and walls may occupy any required setback, provided that:
1. A fence, wall, or retaining wall greater than three and one-half feet in height shall not be
erected without Site Plan and Architectural Review approval as provided in Section 16-
52.020 (Site Plan and Architectural Review).
2. A fence, wall, or retaining wall shall not exceed six feet in height in any setback, with the
following exceptions:
a. A fence, wall or retaining wall may exceed six feet in height if all of the
following conditions are met:
i. The fence and/or wall is located along a private residential property line
shared with another private residential property;
ii. There is a difference in surface elevation between the two adjoining
properties along the property line upon which the proposed fence and/or
wall is to be located;
iii. The fence and/or wall would have a maximum height of six feet on the
upper side of the structure; and a maximum height on the lower side of
the structure of six feet plus the difference in surface elevation between
the adjoining yard areas at the property line, but in no instance more than
nine feet;
iv. The Review Authority determines that a fence and/or wall with a height
of six feet on the lower side of the structure would not provide an
effective privacy screen for the adjoining properties; and
v. The Review Authority determines that the proposed fence would not
result in significant view obstruction or visual impacts on properties in
the vicinity.
b. A safety railing on top of a retaining wall as required by the Town's Building
Code shall not count toward the measured height of the retaining wall if the
building official determines that the location of the railing is necessary for safety
purposes. Site Plan and Architectural Review approval shall be required for such
railings and walls as provided in Section 16-52.020 (Site Plan and Architectural
Review). Such railings are encouraged to be constructed either of transparent
materials or be otherwise visually open in design.
3. Fences (including walls used as fences) shall not be located, designed, or constructed so
as to impair safe vision from vehicles or of pedestrians.
4. if two or more fences and/or walls are constructed on the same property with a separation
of three feet or less between the faces of the structures, the height of the respective
structures shall be combined to determine the total wall or fence height. If the fences
and/or walls are separated by a horizontal distance greater than three feet, the heights of
the fences and/or walls shall be calculated separately and shall not be combined to
determine total heittht.
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Doyle
on Wednes ay, August 19, 2015, i
California.
CL -/
ed the regular : eting of the Tiburon Town Council to order at 7:30 p.m.
Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
ROLL CALL
PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
PRESENT: EX OFFICIO:
Town Manager Curran, Town Attorney Stock,
Director of Community Development Anderson,
Director of Public Works/Town Engineer Barnes,
Chief of Police Cronin, Associate Planner
O'Malley, Planning Manager Watrous, Town Clerk
Crane Iacopi
Prior to the regular meeting, the Council met in closed session, beginning at 7:00 p.m., to discuss
the following:
CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section
54956.9: Three potential cases
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Doyle said no action was taken in closed session.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of July 1, 2015 regular meeting (Town Clerk Crane
Iacopi)
DRAFT
own Coun
Minutes #xx -2015
August 19, 2015 Page 1
2. Town Council Minutes — Adopt minutes of July 15, 2015 regular meeting (Town Clerk
Crane Iacopi)
3. Town Investment Summary — Accept report for month ending June 30, 2015 (Director of
Administrative Services Bigall)
4. Town Investment Summary — Accept report for month ending July 31, 2015 (Director of
Administrative Services Bigall)
5. Solar Panel Permits — Adopt ordinance amending Chapter 13 (Building Regulations) of the
Town Code establishing streamlined review procedures for small, residential roof -top solar
energy systems (Director of Community Development Anderson)
6. Grand Jury Response — Authorize Town response to Grand Jury report on Civic Openness
in Negotiations (COIN) (Town Manager Curran/ Town Attorney Stock)
7. Transportation Funding— Adopt League of California Cities model resolution urging support
of sustainable funding source for transportation infrastructure (Councilmember Fredericks)
Vice Mayor Tollini asked how this funding plan would treat the use of electric vehicles for road
upkeep (since the drivers do not pay a gas tax). Councilmember Fredericks said that there was an
idea for the users to make some sort of contribution, perhaps a flat fee, toward the upkeep of the
roads they are using.
Councilmember O'Donnell asked if other cities were adopting this resolution. Councilmember
Fredericks said that the County had passed it, and that other cities in Marin, as well as throughout
the state, were adopting the resolution.
Fredericks went on to say that some cities had included local roads in the resolution, but she said
that because Tiburon had a relatively high Pavement Management Index (PMI), it was not
included in the draft Tiburon resolution.
MOTION: To adopt Consent Calendar Item Nos. 1 through 7, as written.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
Urgency Item.
Mayor Doyle said that before turning to the Action Items, staff had presented the Council with an
urgency item that needed to be considered at tonight's meeting. He said that in order for the item
to be placed on the agenda, it needed a 2/3 vote of the Council showing a) that there is a need to
take immediate action and b) the need for action came to the attention of the Town subsequent to
the agenda being posted.
DRAFT
Town Council Minutes #xx -2015 August 19, 2015 Page 2
In regards to the first finding, Mayor Doyle said that the staff report details the construction work
currently being undertaken and that to wait to place the change order on the next meeting agenda
would expose the Town to potential claims and further complicate the work of other contractors
working in the same area. Secondly, he said that the Town only recently became aware of the
need to take action; he said the staff report says that the Town learned of the need for the
potential change order on August 17, after reviewing video footage.
Mayor Doyle asked for a motion to place the item on the agenda.
MOTION: To place the urgency item on the agenda.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
Director of Public Works/Town Engineer Barnes said that the Town was in the midst of a project
to replace storm drain piping on Stewart Drive. The project was designed based on older videos
to get it out for bid quickly. An alternate bid item to line two of the pipe segments had resulted
in cost savings and the project was awarded with the lining option. Videos taken prior to lining
indicated significant deterioration and the Town now needed to go back to the base bid order to
replace the pipe.
Director Barnes said this would require a change order in the amount of $107,000, which he
noted was less than the contingency on the project. He suggested that the Council allow staff to
transfer money from another storm drainage fund (the "flushing" fund) as a contingency for this
project. He said this would be a more convenient way to handle the funding, at this juncture.
Mayor Doyle asked for public comment. There was none.
Councilmember O'Donnell said this was the logical step to take to address this unforeseen
circumstance, and that the condition on Stewart Drive warranted action.
MOTION: To approve the staff recommendation for this project.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
ACTION ITEMS
1. Appointments to Boards, Commissions & Committees — Consider appointment of
Council representative to MCCMC ad hoc committee on Sea Level Rise (Town Manager
Curran)
Town Manager Curran reported on the formation of an ad hoc committee of the Marin County
Council of Mayors & Councilmembers (MCCMC) to facilitate reliable information conduits
among the jurisdictions on the issue of sea level rise in Marin County, and how to plan for it.
DRAFT
Town Council Minutes #xx -2015 August 19, 2015 Page 3
She said the committee was seeking representation from all jurisdictions, including Tiburon, and
said that a position was open to an interested Councilmember.
Councilmember Fredericks said that she had been working on this issue for several months. She
pointed out that as with all MCCMC ad hoc committees, the committee has no decision-making
authority on issues of implementation. She said the committee's mission did not extend beyond
exchanging information and reporting to interested councils.
Fredericks said that in late 2014, the Board of Supervisors had approved the launch of a
countywide sea level rise vulnerability assessment that would involve the collaboration of
various towns and cities adjacent to the Bay. In addition to the county effort, she said individual
jurisdictions are also taking on the task of vulnerability assessment.
In June of 2015, Fredericks said the State Coastal Conservancy awarded $250,000 to the County
Community Development Department to support a countywide vulnerability assessment.
MOTION: To appoint Alice Fredericks to serve on the ad hoc committee.
Moved: Fraser, seconded by O'Donnell
Vote: AYES: Unanimous
The Council thanked Fredericks for her willingness to serve on the committee on behalf of the
Town.
PUBLIC HEARINGS
1. 25 Gilmartin Drive Precise Plan (PD #28) — Consider request to amend the Tiburon Shores
Precise Plan to expand the primary building envelope on Lot 3 (Community Development
Department)
Owners: Darol and Tara Ryan
Applicant: Mohamad Sadrieh
AP No. 055-253-30
In her report, Associate Planner O'Malley said that the applicant proposed to expand the primary
building envelope for the property to provide a more appropriate location for future construction
of a new single-family dwelling. She said the existing secondary building envelope would be
reduced in size, with a portion of the envelope changing to the primary building envelope, as part
of the proposal.
O'Malley said the Planning Commission held a public hearing on this application at its July 8,
2015 meeting. She said the Commission supported the proposed request and found it was in
conformance with the overall intent of Tiburon Shores Precise Plan and the Tiburon General
Plan. She said the Commission voted 4-0 to recommend the application for approval.
DRAFT
Town Council Minutes #xx -2015 August 19, 2015 Page 4
Planner O'Malley said there was no public comment on the application at the meeting, and as of
the date of this report, no letters have been received regarding the subject application. She said
that staff had preliminarily determined that the subject application is categorically exempt from
the requirements of CEQA per Section 15303 of the CEQA Guidelines, and she recommended
that the Council hold a public hearing, and adopt the draft resolution conditionally approving the
application.
Mayor Doyle opened the public hearing.
Mohamad Sadrieh, architect representing the applicants, spoke briefly and described the project
in more detail. He said the new building envelope would allow them to spread out the upper
level of the house, out of the view of the neighbors, while allowing the lower level to step down
per the Town's Hillside Design Guidelines. He also described a more logical placement of the
garage which could be dug into the hillside and reduce the need for a [fire] turnaround and
retaining walls. He said that the envelope still remained the smallest in the vicinity.
There was no further public comment.
Council concurred with the Planning Commission's recommendation. Vice Mayor Tollini said
the design set the home tastefully into the hillside.
MOTION: To adopt the resolution approving the amendment to the Precise Development
Plan, as written.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
2. Seasonal Rental Units — Consider amendments to Chapter 16 (Zoning) of the Tiburon
Municipal Code to prohibit seasonal rental units (Community Development Department) —
Introduction and first reading of ordinance
In his staff report, Planning Manager Watrous said the Town had initiated amendments to the
Tiburon Zoning Ordinance that would prohibit seasonal rental units in Tiburon. The amendments
would amend Section 16-40.040 of the zoning ordinance to replace the current provisions for
issuing seasonal rental unit permits with a prohibition of such uses.
Watrous said that the ordinance was considered by the Planning Commission on July 8, 2015. At
that meeting, he said that several Tiburon residents opposed prohibiting seasonal rentals and
instead suggested possible amendments to the existing ordinance. He said other residents
expressed support for the proposed ban.
Watrous said the Planning Commission, after extended discussion, voted to recommend to the
Town Council that a ban on seasonal rentals not be enacted, and instead offered specific
suggestions for regulatory amendments to address problems and concerns raised by these uses.
DRAFT
Town Council Minutes #xx -2015 August 19, 2015 Page 5
He said the Commission recommended that the Town Council remand the item to the
Commission for fine-tuning of the revised regulations. Watrous listed the specific regulatory
provisions suggested by the Commission to be considered:
1. Change the term "seasonal rental unit" to "vacation rental."
2. Require adequate on-site and/or off-site parking as a condition of approval.
3. Require a 7 -day minimum for any vacation rental.
4. Do not allow permits to be issued for properties with commingled rights (common
areas, pools, access, parking, etc.) with neighboring units, unless there is
unanimous consent among property owners or there are written CC&Rs in the
case of a condominium or townhouse complex.
5. Require permittees to submit an annual reporting statement to the Town.
6. Require courtesy notices to be sent by the Town to neighboring property owners
prior to issuance of a vacation rental permit.
7. Increase fees and penalties to recover ongoing costs of enforcement.
8. Allow permits only for homes that are the "primary residence" of the property
owner.
Watrous said that staff sees two primary options available to the Town Council: 1) proceed with
prohibition, or 2) remand the ordinance to the Planning Commission for further study and
wordsmithing.
In order to get a better understanding of the current extent of local seasonal rentals, Watrous
described how staff had reviewed the AirBnB and VRBO websites in July for listings in Tiburon
(summarized in an exhibit to the staff report). He said a total of 38 listings were found on
AirBnB and 18 listings on VRBO, although some properties appeared to be listed on both sites.
Analysis of the listings revealed that:
• Most of the homes were available for short stays, with only 7 of the 56 listings requiring a
7 night minimum stay;
• Few of the homes were very large, with only 8 of the 56 listings showing more than 3
bedrooms;
• Similarly, most listings did not allow large groups, with only 10 of the 56 listings
allowing more than 6 guests at a time.
DRAFT
Town Council Minutes #xx -2015 August 19, 2015 Page 6
Based on these listings, Watrous said it appears that a 7 -night minimum requirement for rentals
would either eliminate the vast majority of these listings or force them to rent only for longer
stays. The previously suggested limitation that would not allow rentals for units with more than 3
bedrooms would only affect a minority of these listings, according to Watrous.
The Planning Manager also said that code enforcement was an issue. He noted that an article
about enforcement that had been prepared by the League of California Cities and distributed to
the Council by the Town Attorney (public copies were also made available at the meeting).
Watrous said the Planning Commission recommended more enforcement while acknowledging
that adding regulations could potentially add to staff's enforcement burden and the difficulties in
monitoring compliance with the Town's regulations.
Watrous said it is unclear whether prohibition would require substantially more staff enforcement
time than creating additional regulations. Additional regulations would create more details to
review for compliance for each rental. Although prohibition is a more definitive regulation that is
easier to interpret, such an action would likely drive rentals underground, providing fewer
property details on website listings or other deceptive actions to avoid enforcement.
In either case, he said the Town's limited staff availability would continue to be an impediment
to thorough enforcement of these rentals. The City of San Francisco, which has adopted new
vacation rental regulations in consultation with AirBnB, has had to create a new staff division
just to handle permitting and enforcement of these regulations, according to the Planning
Manager. And although the scale of this issue is much smaller in Tiburon, he said the ability of
Town's small staff to actively enforce this ordinance will continue to be a limiting factor in
effectively policing vacation rentals.
Watrous said that comments from Tiburon residents have been effectively split between those
who support a prohibition of vacation rentals and those who would like them to be regulated but
allowed. He noted the letters on the subject attached to the staff report.
Watrous said staff recommended that the Town Council: 1) hold a public hearing on the item
and hear all testimony from interested persons; and 2) either move to read the ordinance by title
only, waiving any additional reading, and pass the motion by a roll call vote, or b) remand the
item to the Planning Commission for its further review and recommendations, providing any
desired direction to assist the Commission with its future deliberations.
Mayor Doyle opened the matter to Council questions.
Councilmember Fredericks asked why the name was changed from "seasonal rentals" to
"vacation rentals" in the proposed ordinance. Watrous said the latter was a more common term
which appeared to be more understandable to the public. Fredericks asked whether it would
preclude uses other than vacation rentals. Watrous said it would not.
DRAFT
Town Council Minutes #xx -2015
August 19, 2015 Page 7
Councilmember O'Donnell asked how the Town's [administrative] citations were enforced; he
said that some had suggested penalties for non-compliance. Also, he asked how the fines would
be collected.
Town Attorney Stock said that the citation process unfolded as follows: levy, hearing, and
collection of fees. He said that penalties could be considered but that they were separate from the
citation process. He said the citation process was also different from the civil action process. In
the former, once an action had been reduced to a judgment, a lien could be placed on the
property. He said in the civil process, a citation can create an administrative lien, but that it
would take many steps to effectuate. This was followed by a discussion about the judicial
process to enforce a lien.
To put the discussion into perspective, Mayor Doyle noted that the amounts being discussed were
in the range of hundreds of dollars. Director of Community Development concurred, saying that
at $158 per day, the amount would not begin to cover the cost of enforcement; he said the fines
would have to be raised substantially to cover these costs.
Councilmember Fredericks said that she would rather see compliance than revenue. Vice Mayor
Tollini said that a lien is the recourse for contractors, for instance. But she said that most
responsible homeowners would not want a lien on their property.
Councilmember O'Donnell asked what kind of enforcement could actually be enacted, for
instance, when the police came to a home in response to a noise or loud party complaint. He
asked if the police would be allowed to ask for a rental agreement, or the like.
Planning Manager Watrous said that the police could knock on the door and ask the occupants
for a copy of a rental agreement; he said staff could then follow up by mailing a letter to the
property owner and wait for a response. He said the Town would have to decide how to proceed
thereafter.
Chief of Police Cronin added that the occupants also would have the option to close the door and
not talk to the police. He said the police could not enter the house because they would not have
probable cause. But he noted that the police could enforce a civil code section if the noise was
"loud and unreasonable".
Councilmember Fraser asked how many vacation rental permits were currently on file with the
Town. Watrous said that there had been nine applications, and seven permits had been issued.
Councilmember O'Donnell noted there certainly is a market, and an underground economy, if
there are 58 listings on AirBnB and VRBO.
Councilmember Fredericks asked about "house swaps" for vacation use and how they would be
tracked if not through permits. Watrous said that staff had not looked at any of these websites,
nor had they received any complaints.
DRAFT
Town Council Minutes #.xx -2015 August 19, 2015 Page 8
Mayor Doyle opened the matter to public comment.
1. Rachel Justis, who said that she and her husband both worked for non -profits, said that
this was the only way she and her family could afford to travel and to keep their home;
she said that they had applied for a permit and had not heard from the Town, but that they
had received all "A's" from a Fire Department inspection; that they limited the number of
guests and cars; she said the majority of these rentals were not "party homes" and that
there should be a way to regulate these and not put the burden on people like us;
2. Courtney Anderson, applauded the Council for their work on this subject; distributed a
chart that showed the amounts spent in town by short-term renters which he said averaged
$150 per day; said this could result in several million dollars in revenue for local
businesses; said he had surveyed local business owners who said they supported vacation
rentals and that he was worried that there would be an adverse impact on the town's
downtown area if these rentals were banned;
3. Kim Fox -Yoder, said she grew up in Tiburon and would like to be able to rent out her
mother's home now that she had moved into assisted living; she said that she would like
to spend time here, too, along with her mother, on holidays and the like and that VRBO is
a way to allow her to do this; said she had a successful business renting condos in Maui
and that she would not allow "trashy" renters here, either;
4. Ulrik Binzer asked the Council to keep the VRBOs legal in Tiburon because it was an
important part of the housing stock; said that he had been doing it for 2 years and it
allowed him to travel; said that he rented to people who perhaps could not afford a hotel
and wanted to take part in local activities, such as regattas and the like; said it was a great
way for a family to see the world and that they should not be penalized because of "party
houses"; suggested that the Council consider limiting the number of guests, cars, and the
like but to not get "hung up" and simply address the core issues of noise and parking, etc.
5. Joe Haraburda, noted a section of the staff report that referenced enforcement through
CC&Rs but said that some consideration should be given to properties with shared
easements who could not use this tool; told the Council that he would support the
exclusion of residences with co -mingled resources, such as pools and driveways, if they
allowed seasonal rentals; gave an example of six people leaving his property yesterday
and eight more arriving today, and the disruption it caused; said that 7 -day rentals might
also help eliminate the weekend banter; that he would prefer the 31 -day rentals but
preferred that his type of property should be excluded from vacation rentals;
6. Bryan Chong, said that he had met a good number of short-term renters near his home
and that he himself had benefitted from short-term rentals in other areas of the world; said
that after discovering this, he and his family had also opened their home and would hate
to see the short-term rentals banned;
DRAFT
Town Council Minutes #xx -2015 August 19, 2015 Page 9
7. Bruce Powell, sympathized with Mr. Haraburda and said his suggestion sounded
reasonable; agreed that enforcement should be through an HOA unless there wasn't one;
said he held a permit and had been renting out since 2009 without a single complaint; said
their neighbors supported them in this and that 99% of the renters were families with
children, both small and grown; said he did not allow parties and put that in the rental
agreement; said he would hate to see the Town punish all renters for one or two "bad
apples"; went on to say that banks would not give loans to people who want to simply
buy houses to rent out; that a 7 -day stipulation would serve no purpose; that weekend or
week doesn't matter because people simply want to come here to "check out" Tiburon;
8. Fran Wilson, said she was in favor of prohibiting short-term rentals of under 30 days as a
way to keep our neighborhoods family -friendly and safe, free of extra traffic and litter,
and the like; said that if the rentals could be regulated then maybe there would be fewer
repercussions; that enforcement costs should be generated through application fees and
fines; she also noted that in order to keep bees in Tiburon, one has to obtain the
signatures of non -objection from owners of contiguous properties; said that short-term
rentals were a problem that would grow and get worse but that the primary focus should
be on the preservation of safe and friendly neighborhoods;
9. Magdalena Yesil, said that in Old Tiburon, there was only 10-20 feet between neighbors
and that they shared water rather than fences which limited privacy; said she had
experienced the problems with short-term rentals first-hand when her neighbors moved
away and rented out their house; said that people's behavior change when they are
"anonymous" and not long-term residents or renters, and that socially, we behave
differently if we have to face our neighbors in the morning; suggested that short-term
rentals, such as 4 days, not be allowed and that the problems with the neighboring
property had been resolved when the owners went back to longer-term rentals;
10. Galena Powell, 20 -year resident, said that her husband had died a couple of years ago,
and that this type of rental would allow her to return to Europe a couple of times a year,
and would be a support for homeowners like her.
Council deliberation.
Vice Mayor Tollini said that she had been approached by young families who favored these types
of rentals because it was easier to travel with kids and not have to eat out, and the like. She said
it was also a way to offset the expense of travel.
Tollini said that she also understood the arguments against because of unfortunate instances
which had created "churn" in some neighborhoods. She suggested that it there was a citation
process and penalties in place, the cost of enforcement could be offset. She said that she was
against an outright ban and that a "Next Door" poll in her neighborhood showed a 75% vote in
favor of allowing short-term vacation rentals.
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Town Council Minutes #ax -2015 August 19, 2015 Page 10
Councilmember Fredericks said that she, too, understood the benefits of short-term rentals.
However, she said that this is not the only place to find rentals in Marin. But she also noted that
two other cities in Southern Marin had already voted to disallow them (the cities of Sausalito and
Belvedere).
Fredericks said she was not optimistic about the ability of the Town to enforce an ordinance
allowing such rentals; that the system could be "gamed" quite easily. But she said that greater
question was, why do we have a permit process? And she said the answer was to protect our
neighborhood character; to keep them safe and free of strangers.
With regard to enforcement, Fredericks said that enforcement on a complaint basis could actually
be easier than other forms of regulation. She said that under the proposed ordinance, house
swaps would continue to be allowed. She said that there might be a way to gain compliance from
a hosting platform but that one could not always tell where a rental was located. She said that a
proposed law in the State Legislature would require hosting platforms to send information to
local jurisdictions. She also noted that the disadvantage of prohibiting rentals versus permitting
then was that the business would go underground.
Fredericks said that the advantages of permitting would be: to create a stream of revenue for
compliance and enforcement, creating regulations to avoid rentals that are obvious problems
(such as those with shared easements), limiting numbers of guests or days, enforcement of quiet
hours, exclusion of neighborhoods or a collection of homes that objected to such rentals,
requirements that information be shared with neighbors and towns, requirements that landlords
address complaints, etc.
But the Councilmember said that such an intense package of regulations would be unenforceable,
did not give the Town what it wants, and does not justify allowing short-term rentals.
Councilmember Fraser said that he had no argument with anything he had heard from the public
speakers. He said this was a great community with a long history; a community of residents and
approximately 4,000 residences. He said that 58 of these advertised online and only seven had
permits; he said this represented less than 2% of the housing stock, and he asked whether this
represented the tail wagging the dog.
Fraser described his own neighborhood and the sense of security and safety that existed when
people know each other, wave to each other, know where their cars are parked, and the like. He
said this kind of familiarity created a sense of neighborhood. He said that neighbors let each
other know when they were going to have a party, and that they looked out for each other. He
said that this was not a commercialized, urbanized area; that the Town already had good hotels
and indeed, wanted its visitors. What we don't want, according to Fraser, is the "churn" in the
neighborhoods.
Councilmember Fraser said that the business model for VRBO was great. He said that in San
Francisco, it was estimated that AirBnB had grown by 14% with 4400 units in 2014 to 5800 in
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Town Council Minutes #xx -2015 August 19, 2015 Page 11
2015, online. But he said that only 700 were registered with the city. He acknowledged that this
was something the Town would have to get its arms around but he said that he couldn't find a
reason to turn our community into overnight rentals. Fraser said that in the big picture, this
would not be a good use of the taxpayers' dollars or staff time.
Fraser said that while he respects an owner's desire to rent out their home [for short-term rentals,
including one in his neighborhood], he does not think it's the right thing to do in our community.
Councilmember O'Donnell also agreed that there were valid reasons stated by the speakers. But
he said he agreed with Councilmember Fredericks that neighborhood homes should not be turned
into commercial establishments --this, he said, would change the neighborhoods.
O'Donnell said it was now known to the Town where the major complaints were coming from —
Solano Street, Sugarloaf Drive, Mountain View Drive, Mar East Street, and Vistazo East and
West Streets. He said he had concluded that there was no valid reason to support short-term
rentals, and that other landlords might not be as conscientious as some of those who spoke. He
asked where our sense of community would be if all of us turned our homes into rentals. He said
it created an obtrusive intrusion into residential areas. He said problems associated with this had
been well documented in the communities of Carmel and Santa Monica, and that the Town
needed to get a handle on it.
O'Donnell said that the proposed ordinance was crafted to prohibit short-term rentals and to
allow rentals of 30 days or more.
Mayor Doyle said his position was more closely aligned with the Vice Mayor and in support of a
younger demographic of families with kids who are coming here for the schools, etc. He said
that in this demographic, a mortgage is the biggest financial hit, and that it is, in general, a
struggle to live here. He said these families are not moving here to rent out their homes; that they
want to live here, and that this provides a little extra income.
The Mayor said he did not want to force people to break the law; he suggested that the Town
monitor the situation for a while, allow permits and pull them if there are complaints. He said
the Planning Commission model allows some wiggle room in permitting and regulation; he said
the less staff needs to get involved, the better. But he asked his colleagues not to shut the rentals
down altogether.
The Mayor said he was not in favor of creating laws for the lowest common denominator,
thereby punishing everyone for bad behavior.
Councilmember Fraser said that we have to think about neighborhoods; that we had no idea how
far this would go, and that the "churn" was unacceptable.
Vice Mayor Tollini said that everyone agreed that the "churn" is unacceptable but that there were
distinctions to be made. Also, she said that 75% of the people polled supported short-term
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Town Council Minutes #xx -2015 August 19, 2015 Page 12
rentals. She said that people would be open to enforcement to allow them to do this responsibly.
Councilmember Fredericks said that there were over 3,000 residents in Old Tiburon and only 143
had responded to the Next Door poll.
Tollini also noted that there had not been a lot of complaints. Councilmember O'Donnell added
that the Council may simply not know about them.
The Vice Mayor said that increasing the fines would help. She said that having the permittees
pay transient occupancy tax would also create a budget for enforcement and regulation.
Councilmember O'Donnell said that increasing fines also sometimes drives people underground.
In addition, he surmised that many people would not want to open up their homes to Town or
Fire inspectors, and may not want to obtain a permit because of this.
Vice Mayor Tollini countered that the people who would be penalized (by the ban) are the ones
who want to follow the rules.
Councilmember O'Donnell conceded that a ban would not necessarily stop the rentals; however,
he said this ordinance would help the Town address the other issues, and complaints.
Councilmember Fraser said that it was "early in the game" but that it was timely for the Town to
adopt its ordinance. He noted that the City of Belvedere had also banned rentals of less than 30
days; he said he did not know that the City of Sausalito had also adopted a ban.
Mayor Doyle said that even if the Town adopted a ban, he surmised that people would continue
to rent. Councilmember O'Donnell said that there were people who own property in town who
rent all the time; four houses alone, on his street.
Mayor Doyle asked about enforcing a regulation requiring "primary residency". O'Donnell
asked how this would be enforced.
Councilmember Fredericks said that she would like to make a motion.
MOTION: To read the ordinance by title only.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Fraser, Fredericks, O'Donnell
NAYES: Doyle, Tollini
Mayor Doyle read, "An ordinance of the Town Council of the Town of Tiburon repealing
Title IV, Chapter 16, Section 16-40.040 (Seasonal Rental Units) of the Tiburon Municipal
Code and adopting a new Title IV, Chapter 16, Section 16.40.040 that prohibits Vacation
Rentals".
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Town Council Minutes #xx -2015
August 19, 2015 Page 13
MOTION: To pass first reading of the ordinance, waive second reading, and adopt on Consent
Calendar at the next regular meeting.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Fraser, Fredericks, O'Donnell
NAYES: Doyle, Tollini
3. Zoning Text Amendments — Consider amendments to Chapter 16 (Zoning) of the Tiburon
Municipal Code that would modify provisions regarding interpretation of Zone Boundaries
vis a vis Public Streets and Highways; clarify the separation of fences for purposes of height
measurement and modify certain provisions with respect to processing of permits for
Wireless Communications Facilities: Town -initiated amendments (Community Development
Department) — Introduction and first reading of ordinance
Director of Community Development Anderson said that the amendments pertained to three
sections of the Zoning Ordinance, and were non -controversial.
Mayor Doyle opened the public hearing.
Julie Shumelda asked what the term, "read by title only" referred to. Director Anderson said that
it was the method whereby the Council could introduce and pass first reading of an ordinance,
"reading by title only"; otherwise, he said the ordinance would have to be read in its entirety.
Mayor Doyle closed the public hearing.
MOTION: To read the ordinance by title only.
Moved: Fraser, seconded by O'Donnell
Vote: AYES: Unanimous
Mayor Doyle read, "An ordinance of the Town Council of the Town of Tiburon amending
Municipal Code Title IV, Chapter 16 (Zoning) regarding the interpretation of Zone
Boundaries and clarifying provisions related to the Separation of Fences and Fence Heights."
MOTION: To pass first reading of the ordinance, waive second reading, and adopt on Consent
Calendar at the next regular meeting.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini
4. Fee Schedule Amendments — Recommendation to adopt revised fee schedules for the
Community Development Department and Public Works Department to reflect newly -created
permit and review processes (Director of Community Development Anderson)
Director of Community Development Anderson said that Town staff proposed revisions to the
fee schedules used by the Community Development Department and by the Town
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Town Council Minutes #rx -2015 August 19, 2015 Page 14
Engineer/Public Works Department to reflect the creation of new permit types and processes
required by recently -enacted state and/or federal law.
Specifically, Anderson said a new fee is proposed to recover the costs of stormwater pollution
prevention plan review and inspection now required by Municipal Code Chapter 20A (Urban
Pollution Runoff Prevention) in response to recent changes in state and federal law, The fee
must of necessity appear on both fee schedules, but the fee will not be assessed twice if a plan
addresses all work (covering both public and private property) associated with a project.
Anderson noted that the new stormwater plan review process went into effect on July 1, 2015.
He said the Town intends to use the outside services of qualified firms and/or individuals, since
such plans must be reviewed and approved by a QSD (Qualified Stormwater Designer) and
inspected by either a QSD or QSP (Qualified Stormwater Practitioner); the proposed fees will
recover those outside costs.
The second amendment to the fee schedules resulted from procedures associated with wireless
communication facility administrative permits (a new process created in response to federal
regulations), and appeals of Building Official decisions associated with small residential rooftop
solar energy facilities (a new process created in response to state law).
Director Anderson said red -lined versions of the revisions were included in the staff report.
Councilmember O'Donnell commented that a whole new cottage industry of [stormwater]
inspectors was being created by the new regulations. He asked again about the definition of
major and minor projects, and resultant fees ($2,500 versus $500).
Town Engineer Barnes said that generally, an acre or more of disturbed area would be considered
a major project; he added that for normal construction, which would be monitored by Town staff,
the cost would be less.
O'Donnell asked whether the $2,500 fee was mandated by state law, or whether it was a fee to
cover Town costs. Director Anderson said that that the amount was based on an average of
estimated costs, and it would be an amount on deposit that could be drawn down, depending on
the project.
Councilmember Fraser asked whether the inspections would be done in-house or sent out.
Barnes said that the idea is to send out these inspections, as the inspections are needed after
grading and after rainfall and would be too much for the current manpower of the Town's
Building Department.
In response to a question from Councilmember O'Donnell, Town Engineer Barnes said that the
inspections would be required anytime a person pulled a grading permit, whether or not the land
was flat. He said 50 cubic yards of earth movement on a site would trigger this — something like
the installation of a swimming pool, retaining wall, and the like.
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Town Council Minutes #xx -2015
August 19, 2015 Page 15
Director Anderson added that simple site excavation would not likely trigger the need for a
permit, but moving earth around a site in quantity likely would.
Vice Mayor Tollini confirmed that the regulations were state, not Town, driven.
Mayor Doyle opened the public hearing. There was no public comment.
Mayor Doyle closed the public hearing.
MOTION: To adopt the resolutions, as written.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
TOWN COUNCIL REPORTS
• Discussion of proposed freeway ramp metering at the Tiburon Boulevard and Highway 101
interchange (see July 13-17 Digest memo) — Mayor Doyle
Mayor Doyle gave an update on a meeting of Senator Maguire and local officials. He said the
meeting was well attended and that there was a lot of agreement among the municipalities who
were in attendance that the metering lights were not a good idea and there was no reason to
install them in this location. Rather, Doyle said the electeds had suggested that CalTrans look at
the bigger picture problems, such as improving the merge lanes on northbound 101 and adding a
third lane to the Richmond Bridge.
Councilmember Fredericks said that the skepticism regarding the metering lights was a concern.
She said that 80,000 cars per day passed through this interchange, and the roads leading up to the
interchange were jammed, as well. She said that earlier this year, TAM had hired David Parisi to
do a study develop data on the use of local roads for approaches to the 101 interchange. She said
the counts would be repeated later this year.
Fredericks noted that the metering project is part of a statewide project, and includes the
interchanges from Sausalito all the way to Greenbrae. She said we have an interest in its success
and that it could be fine-tuned once it was in place.
Councilmembers Fraser and O'Donnell disagreed, and asked why money should be spent on this
in the first place. Councilmember Fraser commented that, in any event, he had heard there was
no funding in place for the project.
Fraser said that at the meeting, Senator Maguire had stated that no decisions would be made at
this time, and that the project would be sent back for review with CalTrans and come back to
local officials in October.
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Town Council Minutes #xx -2015
August 19, 2015 Page 16
Councilmember O'Donnell maintained that ramp metering is not the issue; that the 580
interchange is the issue.
Councilmember Fredericks agreed that fixing the 580 interchange was part of a longer-term
solution; she said that the third lane on the bridge and the metering lights were interim solutions.
She said that TAM would continue to work with Senator Maguire on this matter.
On another subject, Councilmember Fraser reported that the Yellow Bus Challenge had exceeded its
goal of selling 1200 bus passes. He also reported that the Town of Corte Madera had agreed last
night to contribute $25,000 in funding for the effort.
Mayor Doyle commended Councilmembers Fraser and O'Donnell for their efforts, which he
described as "remarkable". He also thanked Town staff, commending Chief Cronin in particular for
his work on the bus routes and schedules.
TOWN MANAGER REPORT
None.
WEEKLY DIGESTS
• Town Council Weekly Digests — July 17, 24 & 31, 2015
• Town Council Weekly Digests — August 7 & 14, 2015
ADJOURNMENT - in memory offormer Building Official, Dean Bloomquist
Councilmember Fredericks noted the passing and many contributions of Deb Hubsmith, who she
said had helped lead the development of Marin County Safe Routes to School, and served as the
first Executive Director of the Marin County Bicycle Coalition. Fredericks said that we had a lot
to thank her for.
Mayor Doyle said that he had met Ms. Hubsmith through his work on the CART committee; he
said she had a huge amount of dedication in the work she had brought forward.
Mayor Doyle said Dean Bloomquist worked for the Town for 20 years and served as the Town's
first building official for 17 of those years, from 1993 until his retirement in 2010. The Mayor
said that Dean was known for his excellent judgment and managing incredible workloads and
inspection schedules. He said he was also known for his sense of humor, a profound sense of
fairness, and was the champion of the frail, the elderly, and sometimes naive homeowners when
he thought they were being taken advantage of.
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Town Council Minutes #xx -2015
August 19, 2015 Page 17
Mayor Doyle shared his own memories of the former Building Official who he said helped his
family, as well as other residents, achieve a successful result in the construction of their home in
Tiburon.
There being no further business before the Town Council of the Town of Tiburon, Mayor Doyle
adjourned the meeting at 9:56 p.m.
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT
Town Council Minutes #xx -2015
FRANK X. DOYLE, MAYOR
August 19, 2015 Page 18
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
September 2, 2015
Agenda Item: cc- — 2_
STAFF REPORT
To:
From:
Mayor and Members of the Town Council
Community Development Department
Subject: Amendments to Chapter 16 (Zoning) of the Tiburon Municipal Code
that would Modify Provisions Regarding Interpretation of Zone
Boundaries Vis -a -Vis Public Streets and Highways; Clarify the
Separation of Fences for Purposes of Height Measurement; and Modify
Certain Provisions with Respect to Processing of Permits for Wireless
Communication Facilities; File MCA 2015-08; Town -initiated
amendments (Ordinance Adoption)
Reviewed By:
BACKGROUND
The Town Council held first reading of this ordinance following a public hearing at its meeting
on August 19, 2015, and waived additional readings. The ordinance now comes to the Town
Council for consideration of adoption.
PROCEDURE
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confirm the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance. Should any Councilmember choose to vote differently on this item than other items
on the consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar. Should the Council wish to discuss the item, it must be
removed from the Consent Calendar and voted upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve the adoption of Ordinance No. 561 N. S., a
draft of which is attached as Exhibit 1, as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance No. 561 N. S.
Prepared by: Scott Anderson, Director of Community Development
TOWN OF TIBURON PAGE 1 OF 1
ORDINANCE NO. 561 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) REGARDING
THE INTERPRETATION OF ZONE BOUNDARIES, CLARIFYING PROVISIONS
RELATED TO THE SEPARATION OF FENCES AND FENCE HEIGHTS, AND
AMENDING SECTIONS RELATED TO WIRELESS COMMUNICATION FACILITIES
SECTION 1. FINDINGS.
A. On July 8, 2015, the Planning Commission adopted Resolution No. 2015-07
recommending to the Town Council that various text amendments be made to Title IV,
Chapter 16 (Zoning) of the Tiburon Municipal Code.
B. The Town Council held a duly noticed public hearing on August 19, 2015 and has heard
and considered all public testimony on the proposed Ordinance.
C. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
D. The Town Council finds that the amendment actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare and to comply with
federal law.
E. The Town Council has found that the amendments made by this Ordinance are consistent
with the goals and polices of the Tiburon General Plan and other adopted ordinances and
regulations of the Town of Tiburon, and further the intent and purposes of General Plan
goals and policies.
F. The Town Council finds that adoption of this ordinance is exempt from the requirements
of the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor
Alterations to Land Use Limitations) of the CEQA Guidelines, as well as Section
15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that the text
amendment will not result in a significant adverse effect on the environment.
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
(A) Title IV, Chapter 16, Section 16-14.020.0 of the Tiburon Municipal Code is amended to
read as follows:
C. Interpretation of Zone Boundaries.
1. At all points on the Zoning Map where a zone is defined as being bounded by or
running to a public street (other than a state highway), it shall be construed as
being bounded by and running to the center of such street. In like manner, the
Town of Tiburon Ordinance No. 561 N. S. DRAFT --/--/2015
Page 1 1
Lrt= y o.
Zoning Map shall in all cases be construed as bounding each zone by the
centerline of each street (other than a state highway) upon which it shall abut,
notwithstanding the fact that the demarcation of such zone shall be shown on the
map as the sideline of such street. It is declared to be the intent and purpose of this
division to bound all zones by the centerline of the streets upon which they abut,
whether or not conveyances of abutting lands shall have gone to the centerlines of
such streets as provided in Section 1112 of the Civil Code. However, in instances
where an abutting parcel or area not located within the town is located on the
opposite side of any street located in the town, the town zoning shall extend the
entire width of the street and not terminate at the centerline of the street. For any
state highway or state highway segment located in the town, the entire right-of-
way of said highway or highway segment in the town shall be conclusively
construed as being zoned Public/Quasi-Public (P), regardless of abutting zoning
or jurisdictional lines.
2. If uncertainty exists in any boundary indicated on the Zoning Map or the Planned
Development Map, the Director shall determine the location of such boundary
pursuant to provisions of subsection 16-12.020 (Authority for Interpretation).
3. Zone boundaries shall extend vertically upward and downward from the ground
surface.
4. If there is uncertainty about the location of any zone boundary shown on the
official Zoning Map, the following rules are to be used in resolving the
uncertainty:
a. Where zone boundaries approximately follow lot, alley, or street lines, the
lot lines and street and alley centerlines shall be construed as the zone
boundaries;
b. If a zone boundary divides a lot and the boundary line location is not
specified by distances printed on the Zoning Map, the location of the
boundary will be determined by using the scale appearing on the Zoning
Map;
c. Where a public street or alley, excluding a state highway, is officially
vacated or abandoned, the property that was formerly in the street or alley
will be included within the zone of the adjoining property on either side of
the centerline of the vacated or abandoned street or alley; and
d. Any property not clearly designated on the Zoning Map in any of the
zones established by Article II (Zones and Allowable Land Uses) shall
hereby be designated as being in the RPD (Residential Planned
Development) zone (subsection 16-21.020.F.1 [RPD (Residential Planned
Development) zone]).
Town of Tiburon Ordinance No. 561 N. S. Adoption Draft —112015 Page 1 2
(B) Title IV, Chapter 16, Section 16-30.040B.4. of the Tiburon Municipal Code is
amended to read as follows:
If two or more fences and/or walls are constructed on the same property with a separation
of three feet or less between the faces of the structures, the height of the respective
structures shall be combined to determine the total wall or fence height. If the fences
and/or walls are separated by a horizontal distance greater than three feet, the heights of
the fences and/or walls shall be calculated separately and shall not be combined to
determine total height.
(C) Title IV, Chapter 16, Section 16-42.040.A of the Tiburon Municipal Code is amended to
read as follows:
A. Wireless Communication Facilities Governed by Section 6409(a) of the Middle
Class Tax Relief and Jobs Creation Act of 2012 ("Tax Act"). An applicant for a
facility governed by Section 6409(a) of the Tax Act must file an administrative
WCF permit application for review and ministerial decision by the director. A
final decision shall be rendered within sixty (60) days of the filing of the
application, unless tolled pursuant to the Tax Act. The decision of the director may
be appealed within five (5) calendar days to the Planning Commission, whose
decision shall be final. If any additional permit is necessary before construction
can begin, the relevant review and decision may be concurrent with the process and
time line under this subsection, including any building permit application
compliance with generally applicable building, structural, electrical, and safety
codes or with other laws codifying objective standards reasonably related to health
and safety.
(D) Title IV, Chapter 16, Section 16-42.040.13 of the Tiburon Municipal Code is amended to
read as follows:
B. Wireless Communication Co -location Facilities Not Governed by Section 6409(a)
of the Middle Class Tax Relief and Jobs Creation Act of 2012. An applicant for a
co -location facility not governed by Section 6409(a) of the Tax Act may file a
formal written request for waiver of the requirements for a conditional use permit
with the director. It is the responsibility of the applicant to establish evidence in
support of the waiver criteria required by this section. The director may waive the
requirements for a conditional use permit and instead require a site plan and
architectural review permit only for co -locations that meet the following criteria:
1. Co -location. The proposed facility or equipment is co -located on or
adjoining an existing WCF;
2. Preferred location. The proposed facility is located on a property developed
predominantly with commercial land uses;
Town of Tiburon Ordinance No. 561 N. S. Adoption Draft --/--/2015 Page 1 3
3. Stealth design. The proposed WCF is designed or located in such a way that
the facility is not readily recognizable as wireless communications
equipment to an average person;
4. Prior approval and compliance. The existing WCF was subject to
conditional use permit approval and complies with the town's policies and
regulations; and
5. Existing environmental compliance. The existing WCF has a certified
environmental impact report or adopted negative declaration or mitigated
negative declaration, and the existing facility has incorporated the required
mitigation measures. The new equipment or structures do not constitute a
substantial change in the project or new information as outlined in Public
Resources Code Section 21166.
Applications processed pursuant to this subsection B shall be acted upon within
ninety (90) days of submittal of a complete application. Appeals of site plan
and architectural review applications shall be in accordance with procedures set
forth in section 16-66 (Appeals).
(E) Title IV, Chapter 16, Section 16-42.040.C.2.(c) of the Tiburon Municipal Code is
amended to read as follows:
(c)
Applications processed pursuant to this subsection C shall be acted upon within
ninety (90) days of filing for proposed co -locations not subject to subsection B
and within one hundred fifty (150) days of filing for a proposed new WCF.
Conditional use permit and site plan and architectural review applications may be
processed concurrently. Appeals of conditional use permit and/or site plan and
architectural review applications shall be in accordance with procedures set forth
in section 16-66 (Appeals).
SECTION 3. SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
Town of Tiburon Ordinance No. 561 N. 5. Adoption Draft -1-/2015 Page 1 4
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty days after the date of passage, and
before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation published in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on August 19, 2015, and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on September 2, 2015, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
FRANK X. DOYLE, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE-IACOPI, TOWN CLERK
Town of Tiburon Ordinance No. 561 N. S. Adoption Draft --/--/2015 Page J 5
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
September 2, 2015
Agenda Item: CC- _ Z
STAFF REPORT
To:
From:
Subj ect:
Reviewed By:
Mayor and Members of the Town Council
Community Development Department
Adopt Resolutions to Allow Property Owners in Tiburon to Participate
in the California HERO, Ygrene, Figtree, and CSCDA's Open Market
Property Assessed Clean Energy (PACE) Financing Programs to
Increase the Funding Opportunities to Residents and Businesses in Town
SUMMARY
The proposed action would adopt resolutions allowing residential property owners and businesses
in the Town of Tiburon to participate in additional PACE financing programs operating in the
State of California. In October 2014, the Town Council authorized participation in the
CaliforniaFIRST program. There are now several additional financing programs seeking to be
authorized to operate in Tiburon; these are the California HERO, Figtree, CSCDA Open
PACE/AllianceNRG, and Ygrene programs. Each program offers financing terms that may be
attractive to different property owners for various reasons and therefore increases choice options
for residential and commercial property owners seeking to participate in PACE programs. There
is no cost to the Town to authorize participation, nor any anticipated fiscal impacts or other Town
commitments or responsibilities. It is anticipated that all or nearly all municipalities in Marin
County will authorize these programs, and several jurisdictions have already done do (including
the County of Marin).
BACKGROUND
Legislative Background
PACE financing programs for the installation of distributed generation renewable energy sources
(e.g. rooftop solar electric systems), energy efficiency, and/or water conservation improvements
that are permanently fixed to real property can be set up and administered under either of two
different statutory frameworks: the Improvement Act of 1991 as amended by Assembly Bill (AB)
811, or the Mello -Roos Act as amended under Senate Bill (SB) 555.
AB 811, signed into law on July 21, 2008, amended Chapter 29 of Part 3 of Division 7 of the
Streets & Highways Code of the State of California ("Chapter 29") and authorizes a legislative
body to designate an area within which authorized public officials and willing property owners
may enter into voluntary contractual assessments to finance the installation of distributed
TOWN OF TIBURON PAGE 1 OF 5
Town Council Meeting
September 2, 2015
generation renewable energy sources, energy efficiency, and/or water conservation improvements
that are permanently fixed to real property, as specified.
SB 555 amended the Mello -Roos Community Facilities Act, set forth in sections 53311 through
53368.3 of the California Government Code and particularly in accordance with sections
53313.5(1) and 53328.1(a) ("Mello -Roos Act"), to allow for the creation of Community Facilities
Districts ("CFDs") for the purpose of financing or refinancing the acquisition, installation, and
improvement of energy efficiency, water conservation, renewable energy and electric vehicle
charging infrastructure improvements permanently affixed to private or publicly -owned real
property. Individual properties can be annexed into the district and be subject to the special tax
that is imposed to repay project financing only if (i) the Council adopts a resolution consenting to
the inclusion of parcels in the incorporated areas of the Town within the CFD and (ii) each
participating owner provides its unanimous written approval for annexation of its property into
the PACE CFD.
CaliforniaFIRST Financing Program
On October 1, 2014, the Town Council authorized the Town of Tiburon to join California
Statewide Communities Development Authority (CSCDA) sponsored CaliforniaFIRST program
and offer PACE financing opportunities to commercial and residential property owners. Since
the program's Marin launch in August 2014, CaliforniaFIRST has received 145 applications and
funded 34 projects for a total of $678,000 of approved financing. Currently, CaliforniaFIRST is
authorized in all but two jurisdictions in Marin County. In addition, the Town designated Marin
Clean Energy (MCE) as the Town's liaison to California Communities and the CaliforniaFIRST
program. MCE supports the expansion of PACE financing offerings in Marin County and has
stated that they will continue as regional liaison to the PACE programs and will promote and
market the programs locally.
ANALYSIS
Property Assess Clean Energy (PACE) Financing is a means for local home and business owners
to finance energy efficiency, water conservation, and renewable energy improvements to their
properties. A growing number of companies have launched PACE programs and area seeking
authorization in the Marin jurisdictions. The County of Marin, in partnership with MCE,
established an "Open PACE Marketplace Model" which allows any PACE operator to provide
services in the unincorporated portions of the County if they execute and comply with the
Agreement for Collaborative Services for PACE Financing Marketplace.
In order to safeguard consumer interests and promote program success, County and MCE staff
developed an "Agreement for Collaborative Services for PACE Financing Marketplace"
("Agreement") which establishes the terms, conditions and roles each PACE financing provider
("Providers") will follow when operating in Marin County. While the Agreement is between the
County of Marin, MCE and the PACE Providers, the language of the agreement states that it also
applies to actions of the Provider in participating cities/towns that chose to authorize the program.
All of the proposed PACE program providers have signed onto the Collaborative Services
Agreement with the County and MCE. A copy of the Agreement is available for review at
Tiburon Town Hall.
TOWN OF TIBI IRON Page 2 of 5
Town Council ivlecting
September 2, 2015
Features of the attached Agreement include:
• Establishes County and MCE as a `team' to interface and manage the Provider network in
Marin County.
• Designates MCE as the liaison to the Providers locally; MCE will offer marketing and
outreach activities and would serve as a local storefront where local residents could ask
questions and learn more about the programs.
• Requires all Providers to have clearly visible disclosures regarding the FHFA's policies
on residential PACE programs.
• Requires that commercial applicants acquire affirmative acknowledgement from their
primary lender regarding their plans to add an assessment to their property.
• Requires all Providers to either participate in the state's Loan Loss Reserve program or a
comparable program
• Limits claims that Providers (or their designated contractors) can make to applicants
regarding the tax deductibility of PACE assessments.
• Requires data sharing between the Providers and MCE and the County so MCE and
County staff can track participation in the PACE programs locally and report out to
cities/towns.
• Requires Providers to accept responsibility for negligence in administering PACE
programs.
Additional PACE Financing Providers
In addition to CaliforniaFIRST, there are several other PACE financing programs operating in the
state. Each program offers financing terms that may be attractive to different property owners
(see Exhibit 1 for a comparison table). Allowing additional PACE programs to operate in the
Town of Tiburon will provide competition and choice for property owners, particularly if those
programs are required to adopt and abide by the same basic set of 'best practices'.
All of the proposed programs allow for open marketplaces and do not require exclusivity. Nor do
any of the programs result in any costs to the Town and any jurisdiction can withdraw from any
of the PACE programs at any time by passing a resolution rescinding the authorization.
The following programs are interested in providing PACE financing for residential and
commercial property owners in Tiburon:
• California HERO (Home Energy Renovation Opportunity) Program
Since its launch in late 2012, the HERO Program has been very successful in Western Riverside
County providing over $279 million in financing to 14,982 projects. It has since expanded to over
323 jurisdictions throughout the state. On a statewide basis, the HERO program has financed
35,953 projects to date representing $703 million in financing. Town participation in the
California HERO Program requires the Town to join the Western Riverside Council of
Governments (WRCOG) JPA as an Associate Member. Joining the JPA is accomplished by
adopting the resolution accompanying this staff report and approving and executing an
amendment to the joint exercises of powers agreement to add the Town as an associate member
TO«'N OF Ti BORON Page 3 of 5
Town Council Meeting
September 2, 2015
solely for the purposes of implementing the PACE program within the Town's jurisdictional
boundaries (Exhibit 2).
• Figtree
The Figtree PACE program provides 100% upfront financing to residential and commercial
property owners for a wide range of eligible property improvements. Over 100 municipalities
throughout California have already joined the Figtree program which is offered through its JPA
partner the California Enterprise Development Authority (CEDA). Together, Figtree and CEDA
offer the program as a complete turn -key PACE solution. Currently, Figtree offers commercial
financing only but will launch a residential program in 2015. The authorizing resolution allows
for both commercial and residential financing. To participate in the Figtree program, the Town
will need to become an Associate Member of CEDA (Exhibit 3).
• CSCDA Open PACE including AllianceNRG
The CSCDA established the Open PACE platform to offer its members a turn -key PACE solution
that provides residential and commercial property owners the choice among prequalified PACE
financing providers based on their business practices, qualifications, experience and capital
commitment to the California PACE market. CSCDA would add program providers to the Open
PACE platform as each applied and demonstrated compliance with the platform requirements.
The theory is that by adopting one resolution, cities and counties provide residential and
commercial property owners a competitive PACE program offered by different administrators.
At this time the Open PACE platform includes two program providers — CaliforniaFIRST and
AllianceNRG. Since the Town has already authorized CaliforniaFIRST, the attached resolution
focuses on the other program, AllianceNRG. The resolution states that should CSCDA add
additional programs in the future to Open PACE, they will notify the Town in advance. The
AllianceNRG Program offers 100% financing for energy or disaster mitigation retrofits including
soft costs, the cost of the product, installation and other approved ancillary costs (Exhibit 4).
• Ygrene Works
California Home Finance Authority ("CHF"), which is in the process of formally changing its
name to Golden State Finance Authority, is a joint exercise of powers authority established
pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California
(Section 6500 and following) (the "Act") and the Joint Power Agreement entered into on July 1,
1993, as amended from time to time.
While all of the other proposed programs seek authorization under AB 811, CHF has established
two PACE financing programs under the legislative authority of both AB 811 (Improvement Act)
and SB 555 (Mello Roos Act). CHF contracts with Ygrene Energy Fund CA LLC (Ygrene) to
serve as the program administrator and to operate the Ygrene Works for California PACE
financing program. Ygrene intends to operate their program under the auspices of SB 555
however; they believe establishing two programs under both authorities provides for the greatest
flexibility and program reliability moving forward should legislation or market conditions change
in the future.
TOWN orTIBE,RON Page 4 of 5
Town Council Meeting
September 2, 2015
To participate in the PACE programs, the Town must become an Associate member of CHF.
Associate membership requires no dues or other costs to the Town but permits participation in all
CHF programs including the PACE programs (Exhibits 5 and 6).
FINANCIAL IMPACT
There is no anticipated fiscal impact to the Town for involvement in these programs. The Town
will have no administrative responsibilities, marketing obligations, or financial obligations
associate with the PACE programs. The cost of placing assessments on the property tax roll will
be covered through fees set by the County and administered by each of the program operators.
RECOMMENDATION
Staff recommends that the Town Council move to adopt the resolutions as part of the Consent
Calendar.
EXHIBITS
1. PACE Programs Comparison Chart.
2. Resolution for participation for property owners in the incorporated areas in the PACE
financing product provided by HERO.
3. Resolution joining the California Enterprise Development Authority (CEDA) as an
Associate Member and authorizing CEDA, through Figtree Financing, to offer their
program and levy assessments within the incorporated area of the Town.
4. Resolution consenting to the inclusion of properties within the territory of the Town in
CSCDA Open PACE Programs, including the AllianceNRG program and authorizing
the CSCDA to accept applications from property owners, conduct assessment
proceedings, and levy contractual assessments within the territory of the Town.
5. Resolution Consenting to Inclusion of Properties within the Town's Incorporated Area
in the CHF PACE Program to Finance Renewable Energy Generation, Energy and
Water Efficiency Improvements and Electric Vehicle Charging Infrastructure via AB
811
6. Resolution Consenting to Inclusion of Properties within the Town's Incorporated Area
in CHF Community Facilities District No. 2014-1 (Clean Energy) to Finance
Renewable Energy Generation, Energy Efficiency, Water Conservation and Electric
Vehicle Charging Infrastructure Improvements via SB 555.
Prepared By: Kyra O'Malley, Associate Planner
TOWN OFTIBURON Page 5 of 5
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Program Name
Residential:
Property owner selects licensed
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contractors.
Commercial:
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contractor. Not required to be
registered with program.
Residential:
Recommended but not required
Commercial:
Required
CaliforniaFIRST
Updated 4/14/15
Residential & Commercial:
Property owner selects licensed
contractor from list of local
HERO participating contractors.
Residential:
Recommended but not required
Commercial:
Recommended but not required
California HERO
(Home Energy Renovation
Opportunity)
Updated 5/18/15
Residential & Commercial:
Property owner selects
contractor from list of local
contractors certified by Ygrene
Energy Fund. Contractors must
be licensed, bonded, insured
and in good standing with
CSLB. Property owner may
select a non -certified contractor
but they must become certified
prior to the project commencing.
Residential:
Recommended but not required
Commercial:
Recommended for all projects;
Required for projects over
$250,000
Ygrene Works
Updated 4/30/15
Residential & Commercial:
Contractor must be registered
with program. Payment to
contractor directly made from
program.
Residential:
Not required
Commercial:
Not Required5
Figtree Energy Resources
Updated 4/30/15
Residential & Commercial:
Property owner selects licensed
contractor from list of eligible
contractors.
Not required
Open PACE
(currently includes
AllianceNRG & CAFirst)
Updated 4/30/15
PACE Program Comparative Matrix
RESOLUTION NO. DRAFT -2015
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON,
CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES
WITHIN THE TOWN'S JURISDICTION IN THE CALIFORNIA HERO
PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE
ENERGY SOURCES, ENERGY AND WATER EFFICIENCY
IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE AND APPROVING THE AMENDMENT TO A CERTAIN
JOINT POWERS AGREEMENT RELATED THERETO
WHEREAS, the Western Riverside Council of Governments ("Authority") is a joint
exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the
Government Code of the State of California (Section 6500 and following) (the "Act") and the
Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the
"Authority JPA"); and
WHEREAS, Authority intends to establish the California HERO Program to provide for
the financing of renewable energy distributed generation sources, energy and water efficiency
improvements and electric vehicle charging infrastructure (the "Improvements") pursuant to
Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and
Highways Code ("Chapter 29") within counties and cities throughout the State of California that
elect to participate in such program; and
WHEREAS, Town of Tiburon (the "Town") is committed to development of renewable
energy sources and energy efficiency improvements, reduction of greenhouse gases, protection
of our environment, and reversal of climate change; and
WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist
property owners in financing the cost of installing Improvements through a voluntary contractual
assessment program; and
WHEREAS, installation of such Improvements by property owners within the
jurisdictional boundaries of the counties and cities that are participating in the California HERO
Program would promote the purposes cited above; and
WHEREAS, the Town wishes to provide innovative solutions to its property owners to
achieve energy and water efficiency and independence, and in doing so cooperate with Authority
in order to efficiently and economically assist property owners the Town in financing such
Improvements; and
WHEREAS, Authority has authority to establish the California HERO Program, which
will be such a voluntary contractual assessment program, as permitted by the Act, the Authority
JPA, originally made and entered into April 1, 1991, as amended to date, and the Amendment to
Joint Powers Agreement Adding the Town of Tiburon as an Associate Member of the Western
Riverside Council of Governments to Permit the Provision of Property Assessed Clean Energy
(PACE) Program Services within the Town (the "JPA Amendment"), by and between Authority
TIBURON TOWN COUNCIL
RESOLUTION NO. Draft -2015 09/02/2015
EXHIBIT NO.
and the Town, a copy of which is attached as Exhibit "A" hereto, to assist property owners
within the incorporated area of the Town in financing the cost of installing Improvements; and
WHEREAS, the Town will not be responsible for the conduct of any assessment
proceedings; the levy and collection of assessments or any required remedial action in the case of
delinquencies in the payment of any assessments or the issuance, sale or administration of any
bonds issued in connection with the California HERO Program.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This Town Council finds and declares that properties in the Town's incorporated
area will be benefited by the availability of the California HERO Program to finance the
installation of Improvements.
2. This Town Council consents to inclusion in the California HERO Program of all
of the properties in the incorporated area within the Town and to the Improvements, upon the
request by and voluntary agreement of owners of such properties, in compliance with the laws,
rules and regulations applicable to such program; and to the assumption of jurisdiction thereover
by Authority for the purposes thereof.
3. The consent of this Town Council constitutes assent to the assumption of
jurisdiction by Authority for all purposes of the California HERO Program and authorizes
Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every
step required for or suitable for financing the Improvements, including the levying, collecting
and enforcement of the contractual assessments to finance the Improvements and the issuance
and enforcement of bonds to represent and be secured by such contractual assessments.
4. This Town Council hereby approves the JPA Amendment and authorizes the
execution thereof by appropriate Town officials.
5. Town staff is authorized and directed to coordinate with Authority staff to
facilitate operation of the California HERO Program within the Town, and report back
periodically to this Town Council on the success of such program.
6. This Resolution shall take effect immediately upon its adoption. The Town Clerk
is directed to send a certified copy of this resolution to the Secretary of the Authority Executive
Committee.
PASSED AND ADOPTED at a regular meeting of the Town Council on September 2, 2015, by
the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
TIBURON TOWN COUNCIL
FRANK DOYLE, MAYOR
RESOLUTION NO. Draft -2015 09/02/2015 2
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL
TOWN OF TIBURON
RESOLUTION NO. Draft -2015 09/02/2015 3
Exhibit A
AMENDMENT TO THE JOINT POWERS AGREEMENT
ADDING TOWN OF TIBURON AS AN ASSOCIATE MEMBER OF THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
TO PERMIT THE PROVISION OF PROPERTY ASSESSED CLEAN
ENERGY (PACE) PROGRAM SERVICES WITH SUCH TOWN
This Amendment to the Joint Powers Agreement ("JPA Amendment") is made and entered into
on the day of , 2013, by Town of Tiburon ("Town") and the Western Riverside
Council of Governments ("Authority") (collectively the "Parties").
RECITALS
WHEREAS, Authority is a joint exercise of powers authority established pursuant to Chapter 5
of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and
following) (the "Joint Exercise of Powers Act") and the Joint Power Agreement entered into on
April 1, 1991, as amended from time to time (the "Authority JPA"); and
WHEREAS, as of October 1, 2012, Authority had 18 member entities (the "Regular Members").
WHEREAS, Chapter 29 of the Improvement Act of 1911, being Division 7 of the California
Streets and Highways Code ("Chapter 29") authorizes towns/cities, counties, and towns/cities
and counties to establish voluntary contractual assessment programs, commonly referred to as a
Property Assessed Clean Energy ("PACE") program, to fund certain renewable energy sources,
energy and water efficiency improvements, and electric vehicle charging infrastructure (the
"Improvements") that are permanently fixed to residential, commercial, industrial, agricultural or
other real property; and
WHEREAS, Authority intends to establish a PACE program to be known as the "California
HERO Program" pursuant to Chapter 29 as now enacted or as such legislation may be amended
hereafter, which will authorize the implementation of a PACE financing program for towns/cities
and county throughout the state; and
WHEREAS, Town desires to allow owners of property within its jurisdiction to participate in
the California HERO Program and to allow Authority to conduct proceedings under Chapter 29
to finance Improvements to be installed on such properties; and
WHEREAS, this JPA Amendment will permit Town to become an Associate Member of
Authority and to participate in California HERO Program for the purpose of facilitating the
implementation of such program within the jurisdiction of Town; and
WHEREAS, pursuant to the Joint Exercise of Powers Act, the Parties are approving this JPA
Agreement to allow for the provision of PACE services, including the operation of a PACE
financing program, within the incorporated territory of Town; and
WHEREAS, the JPA Amendment sets forth the rights, obligations and duties of Town and
Authority with respect to the implementation of the California HERO Program within the
incorporated territory of Town.
1
MUTUAL UNDERSTANDINGS
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
hereinafter stated, the Parties hereto agree as follows:
A. JPA Amendment.
1. The Authority JPA. Town agrees to the terms and conditions of the Authority
JPA, attached.
2. Associate Membership. By adoption of this JPA Amendment, Town shall
become an Associate Member of Authority on the terms and conditions set forth herein and the
Authority JPA and consistent with the requirements of the Joint Exercise of Powers Act. The
rights and obligations of Town as an Associate Member are limited solely to those terms and
conditions expressly set forth in this JPA Amendment for the purposes of implementing the
California HERO Program within the incorporated territory of Town. Except as expressly
provided for by the this JPA Amendment, Town shall not have any rights otherwise granted to
Authority's Regular Members by the Authority JPA, including but not limited to the right to vote
on matters before the Executive Committee or the General Assembly, the right to amend or vote
on amendments to the Authority JPA, and the right to sit on committees or boards established
under the Authority JPA or by action of the Executive Committee or the General Assembly,
including, without limitation, the General Assembly and the Executive Committee. Town shall
not be considered a member for purposes of Section 9.1 of the Authority JPA.
3. Rights of Authority. This JPA Amendment shall not be interpreted as limiting or
restricting the rights of Authority under the Authority JPA. Nothing in this JPA Amendment is
intended to alter or modify Authority Transportation Uniform Mitigation Fee (TUMF) Program,
the PACE Program administered by Authority within the jurisdictions of its Regular Members,
or any other programs administered now or in the future by Authority, all as currently structured
or subsequently amended.
B. Implementation of California HERO Program within Town Jurisdiction.
1. Boundaries of the California HERO Program within Town Jurisdiction. Town
shall determine and notify Authority of the boundaries of the incorporated territory within
Town's jurisdiction within which contractual assessments may be entered into under the
California HERO Program (the "Program Boundaries"), which boundaries may include the entire
incorporated territory of Town or a lesser portion thereof.
2. Determination of Eligible Improvements. Authority shall determine the types of
distributed generation renewable energy sources, energy efficiency or water conservation
improvements, electric vehicle charging infrastructure or such other improvements as may be
authorized pursuant to Chapter 29 (the "Eligible Improvements") that will be eligible to be
financed under the California HERO Program.
3. Establishment of California HERO Program. Authority will undertake such
proceedings pursuant to Chapter 29 as shall be legally necessary to enable Authority to make
contractual financing of Eligible Improvements available to eligible property owners within the
Program Boundaries.
A-2
4. Financing the Installation of Eligible Improvements. Authority shall develop and
implement a plan for the financing of the purchase and installation of the Eligible Improvements
under the California HERO Program.
5. Ongoing Administration. Authority shall be responsible for the ongoing
administration of the California HERO Program, including but not limited to producing
education plans to raise public awareness of the California HERO Program, soliciting, reviewing
and approving applications from residential and commercial property owners participating in the
California HERO Program, establishing contracts for residential, commercial and other property
owners participating in such program, establishing and collecting assessments due under the
California HERO Program, adopting and implementing any rules or regulations for the
California HERO Program, and providing reports as required by Chapter 29.
Town will not be responsible for the conduct of any proceedings required to be taken under Chapter 29; the levy or
collection of assessments or any required remedial action in the case of delinquencies in such assessment payments;
or the issuance, sale or administration of any bonds issued in connection with the California HERO Program.
6. Phased Implementation. The Parties recognize and agree that implementation of
the California HERO Program as a whole can and may be phased as additional other cities and
counties execute similar agreements. Town entering into this JPA Amendment will obtain the
benefits of and incur the obligations imposed by this JPA Amendment in its jurisdictional area,
irrespective of whether cities or counties enter into similar agreements.
C. Miscellaneous Provisions.
1. Withdrawal. Town or Authority may withdraw from this JPA Amendment upon
six (6) months written notice to the other party; provided, however, there is no outstanding
indebtedness of Authority within Town. The provisions of Section 6.2 of the Authority JPA
shall not apply to Town under this JPA Amendment. Town may withdraw approval for conduct
of the HERO Program within the jurisdictional limits of Town upon thirty (30) written notice to
WRCOG without liability to the Authority or any affiliated entity. Town withdrawal shall not
affect the validity of any voluntary assessment contracts (a) entered prior to the date of such
withdrawal or (b) entered into after the date of such withdrawal so long as the applications for
such voluntary assessment contracts were submitted to and approved by WRCOG prior to the
date of Town's notice of withdrawal.
2. Mutual Indemnification and Liability. Authority and Town shall mutually defend,
indemnify and hold the other party and its directors, officials, officers, employees and agents free
and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages or injuries of any kind, in law or equity, to property or persons, including
wrongful death, to the extent arising out of the willful misconduct or negligent acts, errors or
omissions of the indemnifying party or its directors, officials, officers, employees and agents in
connection with the California HERO Program administered under this JPA Amendment,
including without limitation the payment of expert witness fees and attorneys fees and other
related costs and expenses, but excluding payment of consequential damages. Without limiting
the foregoing, Section 5.2 of the Authority JPA shall not apply to this JPA Amendment. In no
event shall any of Authority's Regular Members or their officials, officers or employees be held
directly liable for any damages or liability resulting out of this JPA Amendment.
A-3
3. Environmental Review. Authority shall be the lead agency under the California
Environmental Quality Act for any environmental review that may required in implementing or
administering the California HERO Program under this JPA Amendment.
4. Cooperative Effort. Town shall cooperate with Authority by providing
information and other assistance in order for Authority to meet its obligations hereunder. Town
recognizes that one of its responsibilities related to the California HERO Program will include
any permitting or inspection requirements as established by Town.
5. Notice. Any and all communications and/or notices in connection with this JPA
Amendment shall be either hand -delivered or sent by United States first class mail, postage
prepaid, and addressed as follows:
Authority:
Western Riverside Council of Governments
4080 Lemon Street, 3rd Floor. MS1032
Riverside, CA 92501-3609
Att: Executive Director
Town of Tiburon
1550 Tiburon Boulevard
Tiburon, CA 94920
Att: Town Manager
6. Entire Agreement. This JPA Amendment, together with the Authority JPA,
constitutes the entire agreement among the Parties pertaining to the subject matter hereof. This
JPA Amendment supersedes any and all other agreements, either oral or in writing, among the
Parties with respect to the subject matter hereof and contains all of the covenants and agreements
among them with respect to said matters, and each Party acknowledges that no representation,
inducement, promise of agreement, oral or otherwise, has been made by the other Party or
anyone acting on behalf of the other Party that is not embodied herein.
7. Successors and Assigns. This JPA Amendment and each of its covenants and
conditions shall be binding on and shall inure to the benefit of the Parties and their respective
successors and assigns. A Party may only assign or transfer its rights and obligations under this
JPA Amendment with prior written approval of the other Party, which approval shall not be
unreasonably withheld.
8. Attorney's Fees. If any action at law or equity, including any action for
declaratory relief is brought to enforce or interpret the provisions of this Agreement, each Party
to the litigation shall bear its own attorney's fees and costs.
9. Governing Law. This JPA Amendment shall be governed by and construed in
accordance with the laws of the State of California, as applicable.
10. No Third Party Beneficiaries. This JPA Amendment shall not create any right or
interest in the public, or any member thereof, as a third party beneficiary hereof, nor shall it
authorize anyone not a Party to this JPA Amendment to maintain a suit for personal injuries or
A-4
property damages under the provisions of this JPA Amendment. The duties, obligations, and
responsibilities of the Parties to this JPA Amendment with respect to third party beneficiaries
shall remain as imposed under existing state and federal law.
11. Severability. In the event one or more of the provisions contained in this JPA
Amendment is held invalid, illegal or unenforceable by any court of competent jurisdiction, such
portion shall be deemed severed from this JPA Amendment and the remaining parts of this JPA
Amendment shall remain in full force and effect as though such invalid, illegal, or unenforceable
portion had never been a part of this JPA Amendment.
12. Headings. The paragraph headings used in this JPA Amendment are for the
convenience of the Parties and are not intended to be used as an aid to interpretation.
13. Amendment. This JPA Amendment may be modified or amended by the Parties
at any time. Such modifications or amendments must be mutually agreed upon and executed in
writing by both Parties. Verbal modifications or amendments to this JPA Amendment shall be of
no effect.
14. Effective Date. This JPA Amendment shall become effective upon the execution
thereof by the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment to be executed
and attested by their officers thereunto duly authorized as of the date first above written.
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
By: Date:
Executive Committee Chair
Western Riverside Council of Governments
TOWN OF TIBURON
By:
Title:
A-5
Date:
RESOLUTION NO. DRAFT -2015
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON,
CALIFORNIA, APPROVING ASSOCIATE MEMBERSHIP BY THE TOWN
IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY;
AUTHORIZING AND DIRECTING THE EXECUTION OF AN ASSOCIATE
MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP
OF THE TOWN IN THE AUTHORITY; AUTHORIZING THE TOWN TO
JOIN THE FIGTREE PACE PROGRAM; AUTHORIZING THE CALIFORNIA
ENTERPRISE DEVELOPMENT AUTHORITY TO CONDUCT
CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY
CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE
TOWN OF TIBURON; AND AUTHORIZING RELATED ACTIONS
WHEREAS, the Town of Tiburon, California (the "Town"), a municipal corporation,
duly organized and existing under the Constitution and the laws of the State of California; and
WHEREAS, the Town, upon authorization of the Town Council, may pursuant to
Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California,
commencing with Section 6500 (the "JPA Law") enter into a joint exercise of powers agreement
with one or more other public agencies pursuant to which such contracting parties may jointly
exercise any power common to them; and
WHEREAS, the Town and other public agencies wish to jointly participate in economic
development financing programs for the benefit of businesses and nonprofit entities within their
jurisdictions offered by membership in the California Enterprise Development Authority (the
"CEDA") pursuant to an associate membership agreement and Joint Exercise of Powers
Agreement Relating to the California Enterprise Development Authority (the "Agreement"); and
WHEREAS, under the JPA Law and the Agreement, CEDA is a public entity separate
and apart from the parties to the Agreement and the debts, liabilities and obligations of CEDA
will not be the debts, liabilities or obligations of the Town or the other members of the Authority;
and
WHEREAS, the form of Associate Membership Agreement (the "Associate Membership
Agreement") between the Town and CEDA is attached; and
WHEREAS, the Town is willing to become an Associate Member of CEDA subject to the
provisions of the Associate Membership Agreement.
WHEREAS, CEDA has adopted the Figtree Property Assessed Clean Energy (PACE) and
Job Creation Program (the "Program" or "Figtree PACE"), to allow the financing of certain
renewable energy, energy efficiency, seismic retrofits, electric vehicle charging infrastructure,
and water efficiency improvements (the "Improvements") through the levy of contractual
assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter
EXI-IIBIT NO.
29"), and the issuance of improvement bonds or other evidences of indebtedness (the "Bonds")
under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.)
(the "1915 Act") upon the security of the unpaid contractual assessments; and
WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only
with the free and willing consent of the owner of each lot or parcel on which an assessment is
levied at the time the assessment is levied; and
WHEREAS, the Town desires to allow the owners of property ("Participating Parcel")
within its jurisdiction ("Participating Property Owners") to participate in Figtree PACE, and to
allow CEDA to conduct assessment proceedings under Chapter 29 and to issue Bonds under the
1915 Act to finance the Improvements; and
WHEREAS, CEDA will conduct assessment proceedings under Chapter 29 to establish an
assessment district (the "District") and issue Bonds under the 1915 Act to finance Improvements;
and
WHEREAS, there has been presented to this meeting a proposed form of Resolution of
Intention to be adopted by CEDA in connection with such assessment proceedings (the "ROI"), a
copy of which is attached hereto as Exhibit A; and
WHEREAS, said ROI sets forth the territory within which assessments may be levied for
Figtree PACE which territory shall be coterminous with the Town's official boundaries of record
at the time of adoption of the ROI (the "Boundaries"); and
WHEREAS, pursuant to Chapter 29, the Town authorizes CEDA to conduct assessment
proceedings, levy assessments, pursue remedies in the event of delinquencies, and issue bonds or
other forms of indebtedness to finance the Improvements in connection with Figtree PACE; and
WHEREAS, to protect the Town in connection with operation of the Figtree PACE
program, Figtree Energy Financing, the program administrator, has agreed to defend and
indemnify the Town; and
WHEREAS, the Town will not be responsible for the conduct of any assessment
proceedings, the levy of assessments, any required remedial action in the case of delinquencies,
the issuance, sale or administration of the bonds or other indebtedness issued in connection with
Figtree PACE.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon, hereby finds, determines and declares as follows:
2
Section 1. The Town Council hereby specifically finds and declares that the actions
authorized hereby constitute public affairs of the Town. The Town Council further finds that the
statements, findings and determinations of the Town set forth in the preambles above are true
and correct.
Section 2. The Associate Membership Agreement presented to this meeting and on file
with the Town Clerk is hereby approved. The Mayor of the Town, the Town Manager, the Town
Clerk and other officials of the Town are each hereby authorized and directed, for and on behalf
of the Town, to execute and deliver the Associate Membership Agreement in substantially said
form, with such changes therein as such officer may require or approve, such approval to be
conclusively evidenced by the execution and delivery thereof.
Section 3. The officers and officials of the Town are hereby authorized and directed,
jointly and severally, to do any and all things and to execute and deliver any and all documents
which they may deem necessary or advisable in order to consummate, carry out, give effect to
and comply with the terms and intent of this resolution and the Associate Membership
Agreement. All such actions heretofore taken by such officers and officials are hereby
confirmed, ratified and approved.
Section 4. Good Standing. The Town is a municipal corporation and in good standing.
Section 5. Public Benefits. On the date hereof, the Town Council hereby finds and
determines that the Program and issuance of Bonds by CEDA in connection with Figtree PACE
will provide significant public benefits, including without limitation, savings in effective interest
rates, bond preparation, bond underwriting and bond issuance costs and reductions in effective
user charges levied by water and electricity providers within the boundaries of the Town.
Section 6. Appointment of CEDA. The Town hereby appoints CEDA as its
representative to (i) record the assessment against the Participating Parcels, (ii) administer the
District in accordance with the Improvement Act of 1915 (Chapter 29 Part 1 of Division 10 of
the California Streets and Highways Code (commencing with Section 8500 et seq.) (the "Law"),
(iii) prepare program guidelines for the operations of the Program and (iv) proceed with any
claims, proceedings or legal actions as shall be necessary to collect past due assessments on the
properties within the District in accordance with the Law and Section 6509.6 of the California
Government Code. The Town is not and will not be deemed to be an agent of Figtree or CEDA
as a result of this Resolution.
Section 7. Assessment Proceedings. In connection with Figtree PACE, the Town
hereby consents to the special assessment proceedings by CEDA pursuant to Chapter 29 on any
property within the Boundaries and the issuance of Bonds under the 1915 Act, provided that:
(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in
substantially the form of the ROI;
(2) The Participating Property Owners, who shall be the legal owners of such property,
voluntarily execute a contract pursuant to Chapter 29 and comply with other
4825-8409-6773.1 3
applicable provisions of California law in order to accomplish the valid levy of
assessments; and
(3) The Town will not be responsible for the conduct of any assessment proceedings, the
levy of assessments, any required remedial action in the case of delinquencies in such
assessment payments, or the issuance, sale or administration of the Bonds in
connection with Figtree PACE.
Section 8. Program Report. The Town Council hereby acknowledges that pursuant to
the requirements of Chapter 29, CEDA has prepared and will update from time to time the
"Program Report" for Figtree PACE (the "Program Report") and associated documents, and
CEDA will undertake assessment proceedings and the financing of Improvements as set forth in
the Program Report.
Section 9. Foreclosure. The Town Council hereby acknowledges that the Law permits
foreclosure in the event that there is a default in the payment of assessments due on a property.
The Town Council hereby designates CEDA as its representative to proceed with collection and
foreclosure of the liens on the defaulting properties within the District, including accelerated
foreclosure pursuant to the Program Report.
Section 10. Indemnification. The Town Council acknowledges that Figtree has
provided the Town with an indemnification agreement, as shown in Exhibit B, for negligence or
malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees,
subcontractors and agents. The Town Council hereby authorizes the appropriate officials and
staff of the Town to execute and deliver the Indemnification Agreement to Figtree.
Section 11. Town Contact Designation. The appropriate officials and staff of the Town
are hereby authorized and directed to make applications for Figtree PACE available to all
property owners who wish to finance Improvements. The following staff persons, together with
any other staff designated by the Town Manager from time to time, are hereby designated as the
contact persons for CEDA in connection with Figtree PACE: Margaret "Peggy" Curran, Town
Manager, (415) 435-7373, pcurran@townoftiburon.org.
Section 12. CEQA. The Town Council hereby finds that adoption of this Resolution is
not a "project" under the California Environmental Quality Act ("CEQA"), because the
Resolution does not involve any commitment to a specific project which may result in a
potentially significant physical impact on the environment, as contemplated by Title 14,
California Code of Regulations, Section 15378(b )( 4)).
Section 13. Effective Date. This Resolution shall take effect immediately upon its
adoption. The Town Clerk is hereby authorized and directed to transmit a certified copy of this
resolution to Figtree Energy Financing.
Section 14. Costs. Services related to the formation and administration of the assessment
district will be provided by CEDA at no cost to the Town.
4825-8409-6773.1 4
PASSED AND ADOPTED this 2nd day of September, 2015 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COLINCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
By:
FRANK DOYLE, Mayor
Town Council
ATTEST:
DIANE CRANE-IACOPI, TOWN CLERK
APPROVED AS TO FORM:
BEN STOCK, TOWN ATTORNEY
4825-8409-6773.1 5
CERTIFICATE OF CLERK OF THE TOWN COUNCIL
TOWN OF TIBURON
I, , Clerk of the Town of Tiburon, hereby certify that the
foregoing is a full, true and correct copy of a resolution duly adopted at the meeting of the Town
Council of the Town of Tiburon duly and regularly held in the Council Chambers, 1505 Tiburon
Boulevard, on September 2, 2015, of which meeting all of the members of said Town Council
had due notice.
I further certify that I have carefully compared the foregoing copy with the original
minutes of said meeting on file and of record in my office; that said copy is a full, true and
correct copy of the original resolution adopted at said meeting and entered in said minutes; and
that said resolution has not been amended, modified, rescinded or revoked in any manner since
the date of its adoption, and the same is now in full force and effect.
2015.
IN WITNESS WHEREOF, I have executed this certificate this 2nd day of September,
Diane Crane-Iacopi
Town Clerk
Town of Tiburon
4825-8409-6773.1 6
EXHIBIT A
RESOLUTION OF THE CALIFORNIA ENTERPRISE DEVELOPMENT
AUTHORITY DECLARING INTENTION TO FINANCE INSTALLATION
OF DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES,
ENERGY EFFICIENCY, SEISMIC RETROFITS, ELECTRIC VEHICLE
CHARING INFRASTRUCTURE, AND WATER EFFICIENCY
IMPROVEMENTS IN THE TOWN OF TIBURON
WHEREAS, the California Enterprise Development Authority ("CEDA") is a joint
powers authority authorized and existing pursuant to Joint Powers Act (Government Code
Section 6500 et seq.) and that certain Joint Exercise of Powers Agreement (the "Agreement")
dated as of June 1, 2006, by and among the cities of Eureka, Lancaster and Selma; and
WHEREAS, CEDA is authorized under the Agreement and Chapter 5 of Division 7 of
Title 1 of the Government Code of the State of California and in accordance with Chapter 29 of
Part 3 of Division 7 of the Streets & Highways Code of the State of California ("Chapter 29") to
authorize assessments to finance the installation of distributed generation renewable energy
sources, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, and water
efficiency improvements that are permanently fixed to real property ("Authorized
Improvements"); and
WHEREAS, CEDA has obtained authorization from the Town of Tiburon (the "Town")
to enter into contractual assessments for the financing of the installation of Authorized
Improvements in the Town; and
WHEREAS, CEDA desires to declare its intention to establish a Figtree PACE program
("Figtree PACE") in the Town, pursuant to which CEDA, subject to certain conditions set forth
herein, would enter into contractual assessments to finance the installation of Authorized
Improvements in the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AS FOLLOWS:
Section 1. Findings. The Board of Directors hereby finds and determines the following:
(a) The above recitals are true and correct and are incorporated herein by this
reference.
(b) Energy and water conservation efforts, including the promotion of Authorized
Improvements to residential, commercial, industrial, or other real property, are
necessary to address the issue of global climate change and the reduction of
greenhouse gas emissions in the Town.
4825-8409-6773.1 7
(c) The upfront cost of making residential, commercial, industrial, or other real
property more energy and water efficient, along with the fact that most
commercial loans for that purpose are due on the sale of the property, prevents
many property owners from installing Authorized Improvements.
(d) A public purpose will be served by establishing a contractual assessment program,
to be known as Figtree PACE, pursuant to which CEDA will finance the
installation of Authorized Improvements to residential, commercial, industrial, or
other real property in the Town.
Section 2. Determination of Public Interest. The Board of Directors hereby
determines that (a) it would be convenient, advantageous, and in the public interest to designate
an area, which shall encompass the entire geographic territory within the boundaries of the
Town, within which CEDA and property owners within the Town may enter into contractual
assessments to finance the installation of Authorized Improvements pursuant to Chapter 29 and
(b) it is in the public interest for CEDA to finance the installation of Authorized Improvements in
the County pursuant to Chapter 29.
Section 3. Identification of Authorized Improvements. CEDA hereby declares its
intention to make contractual assessment financing available to property owners to finance
installation of Authorized Improvements, including but not limited to those improvements
detailed in the Report described in Section 8 hereof (the "Report"), as that Report may be
amended from time to time.
Section 4. Identification of Boundaries. Contractual assessments may be entered into
by property owners located within the entire geographic territory of the Town including
unincorporated territory within Town Boundaries. A property owner located within a Town
within the Town may enter into contractual assessments with CEDA only after such Town has
adopted a resolution to authorize participation in the PACE Program.
Section 5. Proposed Financing Arrangements. Under Chapter 29, CEDA may issue
bonds, notes or other forms of indebtedness (the "Bonds") pursuant to Chapter 29 that are
payable by contractual assessments. Division 10 (commencing with Section 8500) of the Streets
& Highways Code of the State (the "Improvement Bond Act of 1915") shall apply to any
indebtedness issued pursuant to Chapter 29, insofar as the Improvement Bond Act of 1915 is not
in conflict with Chapter 29. The creditworthiness of a property owner to participate in the
financing of Authorized Improvements will be based on the criteria developed by Figtree Energy
Financing (the "Program Administrator") upon consultation with Figtree PACE Program
underwriters or other financial representatives, CEDA general counsel and bond counsel, and as
shall be approved by the Board of Directors of CEDA. In connection with indebtedness issued
under the Improvement Bond Act of 1915 that are payable from contractual assessments, serial
and/or term improvement bonds or other indebtedness shall be issued in such series and shall
mature in such principal amounts and at such times (not to exceed 20 years from the second day
of September next following their date) and at such rate or rates of interest (not to exceed the
maximum rate permitted by applicable law) as shall be determined by the Board of Directors at
the time of the issuance and sale of the indebtedness. The provisions of Part 11.1 of the
4825-8409-6773.1 8
Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is the intention of the
Board of Directors to create a special reserve fund for the bonds under Part 16 of the
Improvement Bond Act of 1915. Neither CEDA, nor any of its members participating in the
Figtree PACE Program, shall advance available surplus funds from its treasury to cure any
deficiency in the redemption fund to be created with respect to the indebtedness; provided,
however, that this determination shall not prevent CEDA or any of its members from, in their
sole discretion, so advancing funds. The Bonds may be refunded under Division 11.5 of the
California Streets and Highways Code or other applicable laws permitting refunding, upon the
conditions specified by and upon determination of CEDA.
CEDA hereby authorizes the Program Administrator, upon consultation with CEDA
general counsel, bond counsel and the Figtree PACE underwriter, to commence preparation of
documents and take necessary steps to prepare for the issuance of bonds, notes or other forms of
indebtedness as authorized by Chapter 29.
In connection with the issuance of bonds payable from contractual assessments, CEDA
expects to obligate itself', through a covenant with the owners of the bonds, to exercise its
foreclosure rights with respect to delinquent contractual assessment installments under specified
circumstances.
Section 6. Public Hearing. Pursuant to the Act, CEDA hereby orders that a public
hearing be held before CEDA Board (the "Board"), at 550 Bercut Drive, Suite G, Sacramento,
CA 95811, on , , at A , for the purposes of allowing interested
persons to object to, or inquire about, the proposed Figtree PACE Program. The public hearing
may be continued from time to time as determined by the Board for a time not exceeding a total
of 180 days.
At the time of the hearing, the Report described in Section 8 hereof shall be summarized,
and the Board shall afford all persons who are present an opportunity to comment upon, object
to, or present evidence with regard to the proposed Figtree PACE Program, the extent of the area
proposed to be included within the boundaries of the assessment district, the terms and
conditions of the draft assessment contract described in Section 8 hereof (the "Contract"), or the
proposed financing provisions. Following the public hearing, CEDA may adopt a resolution
confirming the Report (the "Resolution Confirming Report") or may direct the Report's
modification in any respect, or may abandon the proceedings.
The Board hereby orders the publication of a notice of public hearing once a week for
two successive weeks. Two publications in a newspaper published once a week or more often,
with at least five days intervening between the respective publication dates not counting such
publication dates are sufficient. The period of notice will commence upon the first day of
publication and terminate at the end of the fourteenth day. The first publication shall occur not
later than 20 days before the date of the public hearing.
Section 7. Notice to Water and Electric Providers. Pursuant to Section 5898.24 of the
Streets & Highways Code, written notice of the proposed contractual assessment program within
the Town to all water and electric providers within the boundaries of the Town has been
4825-8409-6773.1 9
provided.
Section 8. Report. The Board hereby directs the Program Administrator to prepare the
Report and file said Report with the Board at or before the time of the public hearing described
in Section 6 hereof containing all of the following:
(a) A map showing the boundaries of the territory within which contractual
assessments are proposed to be offered, as set forth in Section 4 hereof.
(b) A draft contractual assessment contract (the "Contract") specifying the terms and
conditions of the agreement between CEDA and a property owner.
(c) A statement of CEDA's policies concerning contractual assessments including all
of the following:
(1) Identification of types of Authorized Improvements that may be financed
through the use of contractual assessments.
(2) Identification of the CEDA official authorized to enter into contractual
assessments on behalf of CEDA.
(3) A maximum aggregate dollar amount of contractual assessments.
(4) A method for setting requests from property owners for financing through
contractual assessments in priority order in the event that requests appear
likely to exceed the authorization amount.
(d) A plan for raising a capital amount required to pay for work performed in
connection with contractual assessments. The plan may include the sale of a bond
or bonds or other financing relationship pursuant to Section 5898.28 of Chapter
29. The plan (i) shall include a statement of, or method for determining, the
interest rate and time period during which contracting property owners would pay
any assessment, (ii) shall provide for any reserve fund or funds, and (iii) shall
provide for the apportionment of all or any portion of the costs incidental to
financing, administration and collection of the contractual assessment program
among the consenting property owners and CEDA.
A report on the results of the discussions with the County Auditor -Controller described in
Section 10 hereof, concerning the additional fees, if any, that will be charged to CEDA for
inclusion of the proposed contractual assessments on the general property tax roll of the Town,
and a plan for financing the payment of those fees.
Section 9. Nature of Assessments. Assessments levied pursuant to Chapter 29, and the
interest and any penalties thereon, will constitute a lien against the lots and parcels of land on
which they are made, until they are paid. Unless otherwise directed by CEDA, the assessments
shall be collected in the same manner and at the same time as the general taxes of the Town on
real property are payable, and subject to the same penalties and remedies and lien priorities in the
event of delinquency and default.
Section 10. Consultations with County Auditor -Controller. CEDA hereby directs the
Program Administrator to enter into discussions with the County Auditor -Controller in order to
reach agreement on what additional fees, if any, will be charged to CEDA for incorporating the
proposed contractual assessments into the assessments of the general taxes of the County on real
4825-8409-6773.1
10
property.
Section 11. Preparation of Current Roll of Assessment. Pursuant to Section
5898.24(c), CEDA hereby designates the Program Administrator as the responsible party for
annually preparing the current roll of assessment obligations by assessor's parcel number on
property subject to a voluntary contractual assessment.
Section 12. Procedures for Responding to Inquiries. The Program Administrator shall
establish procedures to promptly respond to inquiries concerning current and future estimated
liability for a voluntary contractual assessment.
Section 13. Effective Date. This resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED this day of , 201_.
ATTEST:
Michelle Stephens, Assistant Secretary
4825-8409-6773.1
11
CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY
By:
Gurbax Sahota, Chair
EXHIBIT B
INDEMNIFICATION AGREEMENT
BY AND BETWEEN
THE TOWN OF TIBURON AND
FIGTREE COMPANY, INC.
This Indemnification Agreement (the "Agreement") is entered into by and between the Town of
Tiburon, a municipal corporation or political subdivision, duly organized and existing under the
laws of the State of California (the "Town") and Figtree Company, Inc., a California
corporation, the administrator of the Figtree Property Assessed Clean Energy and Job Creation
Program (the "Administrator"), which is a program of the California Enterprise Development
Authority, a California joint exercise of powers authority (the "Authority").
RECITALS,
WHEREAS, the Authority is a joint exercise of powers authority whose members
include the Town in addition to other cities and counties in the State of California; and
WHEREAS, the Authority established the Figtree Property Assessed Clean Energy and
Job Creation Program (the "Figtree PACE Program") to allow the financing of certain
renewable energy, energy efficiency and water efficiency improvements that are permanently
affixed to real property through the levy of assessments voluntarily agreed to by the
participating property owners pursuant to Chapter 29 of Division 7 of the Streets and Highways
Code ("Chapter 29") and the issuance of improvement bonds, or other forms of indebtedness,
under the Improvement Bond Act of 1915 upon the security of the unpaid assessments; and
WHEREAS, the Authority has conducted or will conduct proceedings required by
Chapter 29 with respect to the territory within the boundaries of the Town; and
WHEREAS, the legislative body of the Town adopted or will adopt a resolution
authorizing the Town to join the Figtree PACE Program; and
WHEREAS, the Town will not be responsible for the formation, operation and
administration of the Figtree PACE Program as well as the sale and issuance of any bonds or
other forms of indebtedness in connection therewith, including the conducting of assessment
proceedings, the levy and collection of assessments and any remedial action in the case of such
assessment payments, and the offer, sale and administration of any bonds issued by the
Authority on behalf of the Figtree PACE Program; and
WHEREAS, the Administrator is the administrator of the Figtree PACE Program and
agrees to indemnify the Town in connection with the operations of the Figtree PACE Program
as set forth herein;
NOW, THERFORE, in consideration of the above premises and of the Town's
4825-8409-6773.1
12
agreement to join the Figtree PACE Program, the parties agree as follows:
1 . Indemnification. Figtree has provided the CEDA with an indemnification for
negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers,
employees, subcontractors and agents, arising from or related to the Figtree PACE Program, the
assessments, the assessment districts, the improvements or the financing and marketing thereof.
Figtree agrees to defend, indemnify and hold harmless the Town, its officers, elected or
appointed officials, employees, agents and volunteers from and against any and all actions,
suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and
attorneys' fees, for injury or damage due to negligence or malfeasance of any type claims as a
result of the acts or omissions of Figtree, except for such loss or damage which was caused by
the sole negligence or willful misconduct of the Town. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits do
not act as limitation upon the amount of indemnification to be provided by Figtree.
2. Amendment/Interpretation of this Agreement. This Agreement represents the
entire understanding of the parties as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered hereunder.
No supplement, modification or amendment of this Agreement shall be binding unless executed
in writing by both of the parties hereto. This Agreement shall not be interpreted for or against
any party by reason of the fact that such party may have drafted this Agreement or any of its
provisions.
3. Section Headings. Section headings in this Agreement are included for
convenience of reference only and shall not constitute a part of this Agreement for any other
purpose.
4. Waiver. No waiver of any of the provisions of this Agreement shall be binding
unless in the form of writing signed by the party against whom enforcement is sought, and no
such waiver shall operate as a waiver of any other provisions hereof (whether or not similar),
nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no
failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a
waiver thereof.
5. Severabilitv and Governing Law. If any provision or portion thereof of this
Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise
unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted
by law. This Agreement shall be governed by and construed and enforced in accordance with
the laws of the State of California applicable to contracts made and to be performed in
California.
6. Notices. All notices, demands and other communications required or permitted
hereunder shall be made in writing and shall be deemed to have been duly given if delivered by
hand, against receipt, or mailed certified or registered mail and addressed as follows:
4825-8409-6773.1
If to the Administrator Figtree Company, Inc.
13
If to the Town:
9915 Mira Mesa Blvd., Suite 130
San Diego, California 92131
Attn: Chief Executive Officer
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Attn: Town Manager
7. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original, which together shall constitute the same
instrument.
8. Effective Date. This Agreement will be effective as of the date of the signature of
Town's representative as indicated below in the signature block.
IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date below.
APPROVED AS TO FORM:
Town Attorney
Town of Tiburon
By
Name: Margaret (Peggy) Curran
Title: Town Manager
Date:
Figtree Company, Inc., a California corp.
By
Name: Mahesh Shah
Title: CEO
Date:
4825-8409-6773.1 14
EXHIBIT C
ASSOCIATE MEMBERSHIP AGREEMENT
by and between the
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
and the
TOWN OF TIBURON, CALIFORNIA
THIS ASSOCIATE MEMBERSHIP AGREEMENT (this "Associate Membership
Agreement"), dated as of September 2, 2015 by and between CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY (the "Authority") and the TOWN OF TIBURON,
CALIFORNIA, a municipal corporation, duly organized and existing under the laws of the State
of California (the "Town");
WITNESSETH:
WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a "Member" and
collectively, the "Members"), have entered into a Joint Powers Agreement, dated as of June 1,
2006 (the "Agreement"), establishing the Authority and prescribing its purposes and powers; and
WHEREAS, the Agreement designates the Executive Committee of the Board of
Directors and the President of the California Association for Local Economic Development as
the initial Board of Directors of the Authority; and
WHEREAS, the Authority has been formed for the purpose, among others, to assist for
profit and nonprofit corporations and other entities to obtain financing for projects and purposes
serving the public interest; and
WHEREAS, the Agreement permits any other local agency in the State of California to
join the Authority as an associate member (an "Associate Member"); and
WHEREAS, the Town desires to become an Associate Member of the Authority;
WHEREAS, Town Council of the Town has adopted a resolution approving the
Associate Membership Agreement and the execution and delivery thereof;
WHEREAS, the Board of Directors of the Authority has determined that the Town
should become an Associate Member of the Authority;
NOW, THEREFORE, in consideration of the above premises and of the mutual
promises herein contained, the Authority and the Town do hereby agree as follows:
4825-8409-6773.1
15
Section 1. Associate Member Status. The Town is hereby made an Associate Member
of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the
provisions of which are hereby incorporated herein by reference. From and after the date of
execution and delivery of this Associate Membership Agreement by the Town and the Authority,
the Town shall be and remain an Associate Member of the Authority.
Section 2. Restrictions and Rights of Associate Members. The Town shall not have the
right, as an Associate Member of the Authority, to vote on any action taken by the Board of
Directors or by the Voting Members of the Authority. In addition, no officer, employee or
representative of the Town shall have any right to become an officer or director of the Authority
by virtue of the Town being an Associate Member of the Authority.
Section 3. Effect of Prior Authority Actions. The Town hereby agrees to be subject to
and bound by all actions previously taken by the Members and the Board of Directors of the
Authority to the same extent as the Members of the Authority are subject to and bound by such
actions.
Section 4. No Obligations of Associate Members. The debts, liabilities and obligations
of the Authority shall not be the debts, liabilities and obligations of the Town.
Section 5. Execution of the Agreement. Execution of this Associate Membership
Agreement and the Agreement shall satisfy the requirements of the Agreement and Article XII of
the Bylaws of the Authority for participation by the Town in all programs and other undertakings
of the Authority.
4825-8409-6773.1
16
IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership
Agreement to be executed and attested by their proper officers thereunto duly authorized, on the
day and year first set forth above.
Attest:
Michelle Stephens, Asst. Secretary
Attest:
DIANE CRANE-IACOPI, TOWN CLERK
4825-8409-6773.!
CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY
By:
Gurbax Sahota, Chair
Board of Directors
TOWN OF TIBURON, CALIFORNIA
By:
FRANK DOYLE, MAYOR
17
RESOLUTION NO. DRAFT -2015
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CONSENTING
TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE TOWN IN
THE CSCDA OPEN PACE PROGRAMS; AUTHORIZING THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM
PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND
LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE TOWN;
AND AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communities Development Authority (the
"Authority") is a joint exercise of powers authority, the members of which include numerous
cities and counties in the State of California, including the Town of Tiburon (the "Town"); and
WHEREAS, the Authority is implementing Property Assessed Clean Energy (PACE)
programs, which it has designated CSCDA Open PACE, consisting of CSCDA Open PACE
programs each administered by a separate program administrator (collectively with any
successors, assigns, replacements or additions, the "Programs"), to allow the financing or
refinancing of renewable energy, energy efficiency, water efficiency and seismic strengthening
improvements, electric vehicle charging infrastructure and such other improvements,
infrastructure or other work as may be authorized by law from time to time (collectively, the
"Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division
7 of the Streets & Highways Code ("Chapter 29") within counties and cities throughout the State
of California that consent to the inclusion of properties within their respective territories in the
Programs and the issuance of bonds from time to time; and
WHEREAS, the program administrators currently active in administering Programs are
the AllianceNRG Program (presently consisting of Deutsche Bank Securities Inc., CounterPointe
Energy Solutions LLC and Leidos Engineering, LLC) and Renewable Funding LLC, and the
Authority will notify the Town in advance of any additions or changes; and
WHEREAS, the Town has previously consented to the inclusion of properties within its
territory in the Program administered by Renewable Funding LLC (also known as the
CaliforniaFIRST program) and the Town now desires to consent to the inclusion of properties
within its territory in the Programs administered by the additional program administrators;
WHEREAS, Chapter 29 provides that assessments may be levied under its provisions
only with the free and willing consent of the owner or owners of each lot or parcel on which an
assessment is levied at the time the assessment is levied; and
WHEREAS, the Town desires to allow the owners of property ("Participating Property
Owners") within its territory to participate in the Programs and to allow the Authority to conduct
assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or
refinance Improvements; and
TIBURON TOWN COUNCIL
RESOLUTION NO. Draft -2015 09/02/2015 1
EXHIBIT NO. 4
WHEREAS, the territory within which assessments may be levied for the Programs shall
include all of the territory within the Town's official boundaries; and
WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for
the Programs and issue any bonds issued in connection with the Programs; and
WHEREAS, the Town will not be responsible for the conduct of any assessment
proceedings; the levy of assessments; any required remedial action in the case of delinquencies
in such assessment payments; or the issuance, sale or administration of any bonds issued in
connection with the Programs;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon as follows:
Section 1. This Town Council hereby finds and declares that properties in the
territory of the Town will benefit from the availability of the Programs within the territory of the
Town and, pursuant thereto, the conduct of special assessment proceedings by the Authority
pursuant to Chapter 29 and the issuance of bonds to finance or refinance Improvements.
Section 2. In connection with the Programs, the Town hereby consents to the conduct
of special assessment proceedings by the Authority pursuant to Chapter 29 on any property
within the territory of the Town and the issuance of bonds to finance or refinance Improvements;
provided, that
(1) The Participating Property Owners, who shall be the legal owners of such
property, execute a contract pursuant to Chapter 29 and comply with other applicable
provisions of California law in order to accomplish the valid levy of assessments; and
(2) The Town will not be responsible for the conduct of any assessment
proceedings; the levy of assessments; any required remedial action in the case of
delinquencies in such assessment payments; or the issuance, sale or administration of any
bonds issued in connection with the Programs.
Section 3. The appropriate officials and staff of the Town are hereby authorized and
directed to make applications for the Programs available to all property owners who wish to
finance or refinance Improvements; provided, that the Authority shall be responsible for
providing such applications and related materials at its own expense. The following staff
persons, together with any other staff persons chosen by the Town Manager of the Town from
time to time, are hereby designated as the contact persons for the Authority in connection with
the Programs: Town Manager.
Section 4. The appropriate officials and staff of the Town are hereby authorized and
directed to execute and deliver such certificates, requisitions, agreements and related documents
as are reasonably required by the Authority to implement the Programs.
TIBURON TOWN COUNCIL
RESOLUTION NO. Draft -2015 09/02/2015 2
Section 5. The Town Council hereby finds that adoption of this Resolution is not a
"project" under the California Environmental Quality Act, because the Resolution does not
involve any commitment to a specific project which may result in a potentially significant
physical impact on the environment, as contemplated by Title 14, California Code of
Regulations, Section 15378(b)(4).
Section 6. This Resolution shall take effect immediately upon its adoption. The
Town Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the
Secretary of the Authority at: Secretary of the Board, California Statewide Communities
Development Authority, 1400 K Street, Sacramento, CA 95814.
PASSED AND ADOPTED at a regular meeting of the Town Council on September 2, 2015, by
the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL
FRANK DOYLE, MAYOR
TOWN OF TIBURON
RESOLUTION NO. Draft -2015 09/02/2015 3
RESOLUTION NO. DRAFT -2015
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON, CALIFORNIA,
CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE TOWN'S JURISDICTION
IN THE CALIFORNIA HOME FINANCE AUTHORITY, PROGRAM TO FINANCE
RENEWABLE ENERGY GENERATION, ENERGY AND WATER EFFICIENCY
IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND
APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS
AUTHORITY RELATED THERETO
WHEREAS, the California Home Finance Authority ("Authority") is a joint exercise of
powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
Code of the State of California (Section 6500 and following) (the "Act") and the Joint Power
Agreement entered into on July 1, 1993, as amended from time to time (the "Authority JPA");
and
WHEREAS, the Authority is in the process of amending the Authority JPA to formally
change its name to the Golden State Finance Authority; and
WHEREAS, Authority has established a property -assessed clean energy ("PACE")
Program (the "Authority PACE Program") to provide for the financing of renewable energy
generation, energy and water efficiency improvements and electric vehicle charging
infrastructure (the "Improvements") pursuant to Chapter 29 of the Improvement Bond Act of
1911, being Division 7 of the California Streets and Highways Code ("Chapter 29") within
counties and cities throughout the State of California that elect to participate in such program;
and
WHEREAS, Town of Tiburon (the "Town") is committed to development of renewable
energy generation and energy and water efficiency improvements, reduction of greenhouse
gases, and protection of the environment; and
WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist
property owners in financing the cost of installing Improvements through a voluntary contractual
assessment program; and
WHEREAS, installation of such Improvements by property owners within the
jurisdictional boundaries of the counties and cities that are participating in the Authority PACE
Program would promote the purposes cited above; and
WHEREAS, the Town wishes to provide innovative solutions to its property owners to
achieve energy and water efficiency, and in doing so cooperate with Authority in order to
efficiently and economically assist property owners within the Town in financing such
Improvements; and
WHEREAS, Authority has established the Authority PACE Program, which is such a
voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally
made and entered into July 1, 1993, as amended to date, and the Town, desires to become an
Associate Member of the JPA by execution of the JPA Agreement, a copy of which is attached
TIBURON TOWN COUNCIL
RESOLUTION NO. Draft -2015 09/02/2015 1
EXHIBIT NO.
as Exhibit "A" hereto, to participate in the programs of the JPA and to assist property owners
within the jurisdiction of the Town in financing the cost of installing Improvements; and
WHEREAS, the Town will not be responsible for the conduct of any assessment
proceedings; the levy and collection of assessments or any required remedial action in the case of
delinquencies in the payment of any assessments or the issuance, sale or administration of any
bonds issued in connection with the Authority PACE Program.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This Town Council finds and declares that properties in the Town's incorporated
area will be benefited by the availability of the Authority PACE Program to finance the
installation of the Improvements.
2. This Town Council consents to inclusion in the Authority PACE Program of all of
the properties in the jurisdictional boundaries of the Town and to the Improvements, upon the
request by and voluntary agreement of owners of such properties, in compliance with the laws,
rules and regulations applicable to such program; and to the assumption of jurisdiction thereover
by Authority for the purposes thereof.
3. The consent of this Town Council constitutes assent to the assumption of
jurisdiction by Authority for all purposes of the Authority PACE Program and authorizes
Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every
step required for or suitable for financing the Improvements, including the levying, collecting
and enforcement of the contractual assessments to finance the Improvements and the issuance
and enforcement of bonds to represent such contractual assessments.
4. This Town Council hereby approves joining the JPA as an Associate Member and
authorizes the execution by appropriate Town officials of any necessary documents to effectuate
such membership.
5. Town staff is authorized and directed to coordinate with Authority staff to
facilitate operation of the Authority PACE Program within the Town, and report back
periodically to this Town Council on the success of such program.
6. This Resolution shall take effect immediately upon its adoption. The Town Clerk
is directed to send a certified copy of this resolution to the Secretary of the Authority.
PASSED AND ADOPTED at a regular meeting of the Town Council on September 2, 2015, by
the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
TIBURON TOWN COUNCIL
FRANK DOYLE, MAYOR
RESOLUTION NO. Draft -2015 09/02/2015 2
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL
TOWN OF TIBURON
RESOLUTION NO. Draft -2015 09/02/2015 3
Exhibit A
CALIFORNIA HOME FINANCE AUTHORITY
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(Original date July 1, 1993 and as last amended and restated December 10, 2014)
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
("Agreement") is entered into by and among the counties listed on Attachment 1 hereof and
incorporated herein by reference. All such counties are referred to herein as "Members" with the
respective powers, privileges and restrictions provided herein.
RECITALS
A. WHEREAS, the California Rural Home Mortgage Finance Authority ("CRHMFA") was
created by aJoint Exercise of Powers Agreement dated July 1, 1993 pursuant to the Joint Exercise
of Powers Act (commencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California (the "Act"). By Resolution 2003-02, adopted on
January 15, 2003, the name of the authority was changed to CRHMFA Homebuyers Fund. The
most recent amendment to the Joint Exercise of Powers Agreement was on January 28, 2004.
B. WHEREAS, the Members of CRHMFA Homebuyers Fund desire to update, reaffirm,
clarify and revise certain provisions of the joint powers agreement, including the renaming of the
joint powers authority, as set forth herein.
C. WHEREAS, the Members are each empowered by law to finance the construction,
acquisition, improvement and rehabilitation of real property.
D. WHEREAS, by this Agreement, the Members desire to create and establish a joint powers
authority to exercise their respective powers for the purpose of financing the construction,
acquisition, improvement and rehabilitation of real property within the jurisdiction of the Authority
as authorized by the Act.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Members
individually and collectively agree as follows:
1. Definitions
Unless tie context otherwise requires, the following terms shall for purposes of this
Agreement have the meanings specified below:
"Act" means the Joint Exercise of Powers Act, commencing with Article 1 of Chapter 5 of
Division 7 of Title 1 of the Government Code of the State of California, including the Marks -Roos
Local Bond Pooling Act of 1985, as amended.
"Agreement" means this Joint Exercise of Powers Agreement, as the same now exists or as it
may from time to time be amended as provided herein.
"Associate Member" means a county, city or other public agency which is not a voting
member of the Rural County Representatives of California, a California nonprofit corporation
("RCRC"), with legal power and authority similar to that of the Members, admitted pursuant to
paragraph 4.d. below to associate membership herein by vote of the Board.
"Audit Committee" means a committee made up of the nine -member Executive
Committee.
"Authority" means California Home Finance Authority ("CHF"), formerly known as
CRHMFA Homebuyers Fund or California Rural Home Mortgage Finance Authority.
"Board" means the governing board of the Authority as described in Section 7 below.
"Bonds" means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loan agreements and other securities or obligations issued by the Authority,
or financing agreements entered into by the Authority pursuant to the Act and any other obligation
within the meaning of the term "Bonds" under the Act.
"Delegate" means the Supervisor designated by the governing board of' each Member to
serve on the Board of the Authority.
"Executive Committee" means the nine -member Executive Committee of the Board
established pursuant to Section 10 hereof.
"Member" means any county which is a member of RCRC, has executed this Agreement
and has become a member of the Authority.
"Obligations" means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loan agreements and other securities or obligations issued by the Authority,
or financing agreements entered into by the Authority pursuant to the Act and any other financial
or legal obligation of the Authority under the Act.
"Program" or "Project" means any work, improvement, program, project or service
undertaken by the Authority.
"Rural County Representatives of California" or "RCRC" means the nonprofit entity
incorporated under that name in the State of California.
"Supervisor" means an elected County Supervisor from an RCRC member county.
2. Purpose
The purpose of the Authority is to provide financing for the acquisition, construction, ,
improvement and rehabilitation of real property in accordance with applicable provisions of law
for the benefit of residents and communities. In pursuit of this purpose, this Agreement provides
for the joint exercise of powers common to any of its Members and Associate Members as
provided herein, or otherwise authorized by the Act and other applicable laws, including assisting
in financing as authorized herein, jointly exercised in the manner set forth herein.
3. Principal Place of Business
The principal office of the Authority shall be 1215 K Street, Suite 1650, Sacramento,
California 95814.
4. Creation of Authority; Addition of Members or Associate Members
a. The Authority is hereby created pursuant to the Act. As provided in the Act, the
Authority shall be a public entity separate and distinct from the Members or Associate Members.
b. The Authority will cause a notice of this Agreement or any amendment hereto to
be prepared and filed with the office of the Secretary of State of California in a timely fashion in
the manner set forth in Section 6503.3 of the Act.
c. A county that is a member of RCRC may petition to become a member of the
Authority by submitting to the Board a resolution or evidence of other formal action taken by its
governing body adopting this Agreement_ The Board shall review the petition for membership
and shall vote to approve or disapprove the petition. If the petition is approved by a majority of
the Board, such county shall immediately become a Member of the Authority.
d. An Associate Member may be added to the Authority upon the affirmative
approval of its respective governing board and pursuant to action by the Authority Board upon
such terms and conditions, and with such rights, privileges and responsibilities, as may be
established from time to time by the Board. Such terms and conditions, and rights, privileges and
responsibilities may vary among the Associate Members. Associate Members shall be entitled to
participate in one or more programs of the Authority as determined by the Board, but shall not be
voting members of the Board. The Executive Director of the Authority shall enforce the terms
and conditions for prospective Associate Members to the Authority as provided by resolution of
the Board and as amended from lime to time by the Board. Changes in the terms and conditions
for Associate Membership by the Board will notconstitute an amendment of this Agreement.
5. Term and Termination of Powers
This Agreement shall become effective from the date hereof until the earlier of the time
when all Bonds and any interest thereon shall have been paid in full, or provision for such
payment shall have been made, or when the Authority shall no longer own or hold any interest in a
public capital improvement or program. The Authority shall continue to exercise the powers
herein conferred upon it until termination of this Agreement, except that if any Bonds are issued
and delivered, in no event shall the exercise of the powers herein granted be terminated until all
Bonds so issued and delivered and the interest thereon shall have been paid or provision for such
payment shall have been made and any other debt incurred with respect to any other financing
program established or administered by the Authority has been repaid in full and is no longer
outstanding.
6. Powers; Restriction upon Exercise
a. To effectuate its purpose, the Authority shall have the power to exercise any and all
powers of the Members or of a joint powers authority under the Act and other applicable
provisions of law, subject, however, to the conditions and restrictions herein contained. Each
Member or Associate Member may also separately exercise any and all such powers. The powers
of the Authority are limited to those of a general law county.
b. The Authority may adopt, from time to time, such resolutions, guidelines, rules and
regulations for the conduct of its meetings and the activities of the Authority as it deems necessary
or desirable to accomplish its purpose.
c. The Authority shall have the power to finance the construction, acquisition,
improvement and rehabilitation of real property, including the power to purchase, with the
amounts received or to be received by it pursuant to a bond purchase agreement, bonds issued by
any of its Members or Associate Members and other local agencies at public or negotiated sale, for
the purpose set forth herein and in accordance with the Act. All or any part of such bonds so
purchased may be held by the Authority or resold to public or private purchasers at public or
negotiated sale. The Authority shall set any other terms and conditions of any purchase or sale
contemplated herein as it deems necessary or convenient and in furtherance of the Act. The
Authority may issue or cause to be issued Bonds or other indebtedness, and pledge any of its
property or revenues as security to the extent permitted by resolution of the Board under any
applicable provision of law. The Authority may issue Bonds in accordance with the Act in order
to raise funds necessary to effectuate its purpose hereunder and may enter into agreements to
secure such Bonds. The Authority may issue other forms of indebtedness authorized by the Act,
and to secure such debt, to further such purpose. The Authority may utilize other forms of capital,
including, but not limited to, the. Authority's internal resources, capital markets and other forms of
private capital investment authorized by the Act..
d. The Authority is hereby authorized to do all acts necessary for the exercise of its
powers, including, but not limited to:
(1) executing contracts,
(2) employing agents, consultants and employees,
(3) acquiring, constructing or providing for maintenance and operation of any
building, work or improvement,
(4) acquiring, holding or disposing of real or personal property wherever
located, including property subject to mortgage,
(5) incurring debts, liabilities or obligations,
(6) receiving gifts, contributions and donations of property, funds, services and
any other forms of assistance from persons, firms, corporations or
governmental entities,
(7) suing and being sued in its own name, and litigating or settling any suits or
claims,
(8) doing any and all things necessary or convenient to the exercise of its
specific powers and to accomplishing its purpose
(9) establishing and/or administering districts to finance and refinance the
acquisition, installation and improvement of energy efficiency, water
conservation and renewable energy improvements to or on real property
and in buildings. The Authority may enter into one or more agreements,
including without limitation, participation agreements and implementation
agreements to implement such programs.
e. Subject to the applicable provisions of any indenture or resolution providing for the
investment of monies held thereunder, the Authority shall have the power to invest any of its funds
as the Board deems advisable, in the same manner and upon the same conditions as local agencies
pursuant to Section 53601 of the Government Code of the State of California.
f. All property, equipment, supplies, funds and records of the Authority shall be
owned by the Authority, except as may be provided otherwise herein or by resolution of the
Board.
g. Pursuant to the provisions of Section 6508.1 of the Act, the debts, liabilities and
obligations of the Authority shall not be debts, liabilities and obligations of the Members or
Associate Members. Any Bonds, together with any interest and premium thereon, shall not
constitute debts, liabilities or obligations of any Member. The Members or Associate Members
hereby agree that any such Bonds issued by the Authority shall not constitute general obligations of
the Authority but shall be payable solely from the moneys pledged to the repayment of principal or
interest on such Bonds under the terms of the resolution, indenture, trust, agreement or other
instrument pursuant to which such Bonds are issued. Neither the Members or Associate
Members nor the Authority shall be obligated to pay the principal of or premium, if any, or
interest on the Bonds, or other costs incidental thereto, except from the revenues and funds
pledged therefor, and neither the faith and credit nor the taxing power of the Members or
Associate Members or the Authority shall be pledged to the payment of the principal of or
premium, if any, or interest on the Bonds, nor shall the Members or Associate Members of the
Authority be obligated in any manner to make any appropriation for such payment. No covenant
or agreement contained in any Bond shall be deemed to be a covenant or agreement of any
Delegate, or any officer, agent or employee of the Authority in an individual capacity, and neither
the Board nor any officer thereof executing the Bonds or any document related thereto shall be
liable personally on any Bond or be subject to any personal liability or accountability by reason of
the issuance of any Bonds.
7. Governing Board
a. The Board shall consist of the number of Delegates equal to one representative
from each Member.
b. The governing body of each Member shall appoint one of its Supervisors to serve
as a Delegate on the Board. A Member's appointment of its Delegate shall be delivered in writing
(which may be by electronic mail) to the Authority and shall be effective until he or she is replaced
by such governing body or no longer a Supervisor; any vacancy shall be filled by the governing
body of the Member in the same manner provided in this paragraph b..
c. The governing body of each Member of the Board shall appoint a Supervisor as an
alternate to serve on the Board in the absence of the Delegate; the alternate may exercise all the
rights and privileges of the Delegate, including the right to be counted in constituting a quorum, to
participate in the proceedings of the Board, and to vote upon any and all matters. No alternate
may have more than one vote at any meeting of the Board, and any Member's designation of an
alternate shall be delivered in writing (which may be by electronic mail) to the Authority and shall
be effective until such alternate is replaced by his or her governing body or is no longer a
Supervisor, unless otherwise specified in such appointment. Any vacancy shall be filled by the
governing body of the Member in the same manner provided in this paragraph c..
d. Any person who is not a member of the governing body of a Member and who
attends a meeting on behalf of such Member may not vote or be counted toward a quorum but
may, at the discretion of the Chair, participate in open meetings he or she attends.
e. Each Associate Member may designate a non-voting representative to the Board
who may not be counted toward a quorum but who may attend open meetings, propose agenda
items and otherwise participate in Board Meetings.
f. Delegates shall not receive compensation for serving as Delegates, but may claim
and receive reimbursement for expenses actually incurred in connection with such service
pursuant to rules approved by the Board and subject to the availability of funds.
g. The Board shall have the power, by resolution, to the extent permitted by the Act
or any other applicable law, to exercise any powers of the Authority and to delegate any of its
functions to the Executive Committee or one or more Delegates, officers or agents of the
Authority, and to cause any authorized Delegate, officer or agent to take any actions and execute
any documents for and in the name and on behalf of the Board or the Authority.
h. The Board may establish such committees as it deems necessary for any lawful
purpose; such committees are advisory only and may not act or purport to act on behalf of the
Board or the Authority.
i. The Board shall develop, or cause to be developed, and review, modify as
necessary, and adopt each Program.
8. Meetings of the Board
a. The Board shall meet at least once annually, but may meet more frequently upon
call of any officer or as provided by resolution of the Board.
b. Meetings of the Board shall be called, noticed, held and conducted pursuant to the
provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part I of
Division 2 of Tide 5 of the Government Code of the State of California.
c. The Secretary of the Authority shall cause minutes of all meetings of the Board to
be taken and distributed to each Member as soon as possible after each meeting.
d. The lesser of twelve (12) Delegates or a majority of the number of current
Delegates shall constitute a quorum for transacting business at any meeting of the Board, except
that less than a quorum may act to adjourn a meeting. Each Delegate shall have one vote.
e. Meetings may be held at any location designated in notice properly given for a
meeting and may be conducted by telephonic or similar means in any manner otherwise allowed
by law.
9. Officers; Duties; Official Bonds
a. The Board shall elect a chair and vice chair from among the Delegates at the
Board's annual meeting who shall serve a term of one (1) year or until their respective successor is
elected. The chair shall conduct the meetings of the Board and perform such other duties as may
be specified by resolution of the Board. The vice chair shall perform such duties in the absence or
in the event of the unavailability of the chair.
b. The Board shall contract annually with RCRC to administer the Agreement and to
provide administrative services to the Authority, and the President and Chief Executive Officer of
RCRC shall serve ex officio as Executive Director, Secretary, Treasurer, and Auditor of the
Authority. As chief executive of the Authority, the Executive Director is authorized to execute
contracts and other obligations of the Authority, unless prior Board approval is required by a third
party, by law or by Board specification, and to perform other duties specified by the Board. The
Executive Director may appoint such other officers as may be required for the orderly conduct of
the Authority's business and affairs who shall serve at the pleasure of the Executive Director.
Subject to the applicable provisions of any indenture or resolution providing for a trustee or other
fiscal agent, the Executive Director, as Treasurer, is designated as the custodian of the Authority's
funds, from whatever source, and, as such, shall have the powers, duties and responsibilities
specified in Section 6505.5 of the Act. The Executive Director, as Auditor, shall have the powers,
duties and responsibilities specified in Section 6505.5 of the Act.
c. The Legislative Advocate for the Authority shall be the Rural County
Representatives of California.
d. The Treasurer and Auditor are public officers who have charge of, handle, or have
access to all property of the Authority, and a bond for such officer in the amount of at least one
hundred thousand dollars ($100,000.00) shall be obtained at the expense of the Authority and
filed with the Executive Director. Such bond may secure the faithful performance of such
officer's duties with respect to another public office if such bond in at least the same amount
specifically mentions the office of the Authority as required herein. The Treasurer and Auditor
shall cause periodic independent audits to be made of the Authority's books by a certified public
accountant, or public accountant, in compliance with Section 6505 of the Act.
e. The business of the Authority shall be conducted under the supervision of the
Executive Director by RCRC personnel.
10. Executive Committee of the Authority
a. Composition
The Authority shall appoint nine (9) members of its Board to serve on an Executive
Committee.
b. Powers and Limitations
The Executive Committee shall act in an advisory capacity and make
recommendations to the Authority Board. Duties will include, but not be limited to, review of the
quarterly and annual budgets, service as the Audit Committee for the Authority, periodically
review this Agreement; and complete any other tasks as may be assigned by the Board. The
Executive Committee shall be subject to all limitations imposed by this Agreement, other
applicable law, and resolutions of the Board.
c. Quorum
A majority of the Executive Committee shall constitute a quorum for transacting
business of the Executive Committee.
11. Disposition of Assets
Upon termination of this Agreement, all remaining assets and liabilities of the Authority
shall be distributed to the respective Members in such manner as shall be determined by the
Board and in accordance with the law.
12. Agreement Not Exclusive; Operation in Jurisdiction of Member
This Agreement shall not be exclusive, and each Member expressly reserves its rights to
carry out other public capital improvements and programs as provided for by law and to issue
other obligations for those purposes. This Agreement shall not be deemed to amend or alter the
terms of other agreements among the Members or Associate Members.
13. Conflict of Interest Code
The Authority shall by resolution adopt a Conflict of Interest Code as required by law.
14. Contributions and Advances
Contributions or advances of public funds and of personnel, equipment or property may
be made to the Authority by any Member, Associate Member or any other public agency to
further the purpose of this Agreement. Payment of public funds may be made to defray the cost of
any contribution. Any advance may be made subject to repayment, and in that case shall be repaid
in the manner agreed upon by the advancing Member, Associate Membcr or other public agency
and the Authority at the time of making the advance.
15. Fiscal Year, Accounts; Reports; Annual Budget; Administrative Expenses
a. The fiscal year of the Authority shall be the period from January 1 of each year to
and including the following December 31, except for any partial fiscal year resulting from a change
in accounting based on a different fiscal year previously.
b. Prior to the beginning of each fiscal year, the Board shall adopt a budget for the
succeeding fiscal year.
c. The Authority shall establish and maintain such funds and accounts as may be
required by generally accepted accounting principles. The books and records of the Authority are
public records and shall be open to inspection at all reasonable times by each Member and its
representatives.
d. The Auditor shall either make, or contract with a certified public accountant or
public accountant to make, an annual audit of the accounts and records of the Authority. The
minimum requirements of the audit shall be those prescribed by the State Controller for special
districts under Section 26909 of the Government Code of the State of California, and shall
conform to generally accepted auditing standards. When an audit of accounts and records is made
by a certified public accountant or public accountant, a report thereof shall be filed as a public
record with each Member (and also with the auditor of Sacramento County as the county in which
the Authority's office is located) within 12 mouths after the end of the liscal year.
e. In any year in which the annual budget of the Authority does not exceed five
thousand dollars ($5,000.00), the Board may, upon unanimous approval of the Board, replace the
annual audit with an ensuing one-year period, but in no event for a period longer than two fiscal
years.
16. Duties of Members or Associate Members; Breach
If any Member or Associate Member shall default in performing any covenant contained
herein, such default shall not excuse that Member or Associate Member from fulfilling its other
obligations hereunder, and such defaulting Member or Associate Member shall remain liable for
the performance of all covenants hereof. Each Member or Associate Member hereby declares
that this Agreement is entered into for the benefit of the Authority created hereby, and each
Member or Associate Member hereby grants to the Authority the right to enforce, by whatever
lawful means the Authority deems appropriate, all of the obligations of each of the parties
hereunder. Each and all of the remedies given to the Authority hereunder or by any law now or
hereafter enacted are cumulative, and the exercise of one right or remedy shall not impair the right
of the Authority to any or all other remedies.
17. Indemnification
To the full extent permitted by law, the Board may authorize indemnification by the
Authority of any person who is or was a Board Delegate, alternate, officer, consultant, employee or
other agent of the Authority, and who was or is a party or is threatened to be made a party to a
proceeding by reason of the fact that such person is or was such a Delegate, alternate, officer,
consultant, employee or other agent of the Authority. Such indemnification may be made against
expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in
connection with such proceeding, if such person acted in good faith and in a manner such person
reasonably believed to be in the best interests of the Authority and, in the case of a criminal
proceeding, had no reasonable cause to believe his or her conduct was unlawful and, in the case of
an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as
an ordinarily prudent person in a like position would use under similar circumstances.
18. Immunities
All of the privileges and immunities from liabilities, exemptions from law, ordinances and
rules, all pension, relief, disability, workers' compensation and other benefits which apply to the
activity of officers, agents or employees of any of the Members or Associate Members when
performing their respective functions, shall apply to them to the same degree and extent while
engaged as Delegates or otherwise as an officer, agent or other representative of the Authority or
while engaged in the performance of any of their functions or duties under the provisions of this
Agreement.
19. Amendment
This Agreement may be amended by the adoption of the amendment by the governing
bodies of a majority of the Members. The amendment shall become effective on the first day of
the month following the last required member agency approval. An amendment may be initiated
by the Board, upon approval by a majority of the Board. Any proposed amendment, including the
text of the proposed change, shall be given by the Board to each Member's Delegate for
presentation and action by each Member's board within 60 days, which time may be extended by
the Board.
The list of Members, Attachment 1, may be updated to reflect new and/or withdrawn
Members without requiring formal amendment of the Agreement by the Authority Board of
Directors.
20. Withdrawal of Member or Associate Member
If a Member withdraws as member of RCRC, its membership in the Authority shall
automatically terminate. A Member or Associate Member may withdraw from this Agreement
upon written notice to the Board; provided however, that no such withdrawal shall result in the
dissolution of the Authority as long as any Bonds or other obligations of the Authority remain
outstanding. Any such withdrawal shall become effective thirty (30) days after a resolution adopted
by the Member's governing body which authorizes withdrawal is received by the Authority.
Notwithstanding the foregoing, any termination of membership or withdrawal from the Authority
shall not operate to relieve any terminated or withdrawing Member or Associate Member from
Obligations incurred by such terminated or withdrawing Member or Associate Member prior to
the time of its termination or withdrawal.
20. Miscellaneous
a. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
b. Construction. The section headings herein are for convenience only and arc not to
be construed as modifying or governing the language in the section referred to.
c. Approvals. Wherever in this Agreement any consent or approval is required, the
same shall not be unreasonably withheld.
d. Jurisdiction; Venue. This Agreement is made in the State of California, under the
Constitution and laws of such State and is to be so construed; any action to enforce or interpret its
terms shall be brought in Sacramento County, California.
e. Integration. This Agreement is the complete and exclusive statement of the
agreement among the parties hereto, and it supersedes and merges all prior proposals,
understandings, and other agreements, whether oral, written, or implied in conduct, between and
among the parties relating to the subject matter of this Agreement_
f. Successors; Assignment.. This Agreement shall be binding upon and shall inure to
the benefit of the successors of the parties hereto. Except to the extent expressly provided herein,
no Member may assign any right or obligation hereunder without the consent of the Board.
g. Severability. Should any part, term or provision of this Agreement be decided by
the courts to be illegal or in conflict with any law of the State of California, or otherwise be
rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions
hereof shall not be affected thereby.
The parties hereto have caused this Agreement to be executed and attested by their properly
authorized officers.
AS ADOPTED BY THE MEMBERS:
Originally dated July 1, 1993
Amended and restated December 10, 1998
Amended and restated February 18, 1999
Amended and restated September 18, 2002
Amended and restated January 28, 2004.
Amended and restated December 10, 2014
[SIGNATURES ON FOLLOWING PAGES]
SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS
NAME OF COUNTY OR CITY:
By:
Name:
Title:
Attest:
By
[Clerk of the Board Supervisors or City Clerk]
AFTER EXECUTION, PLEASE SEND TO:
Golden State Finance Authority
(formerly California Horne Finance Authority)
1215 K Street, Suite 1650
Sacramento, CA 95814
82671.00000\9603861.1
Dated:
ATTACHMENT 1
CALIFORNIA HOME FINANCE AUTHORITY MEMBERS
As of December 10.2014
Alpine County
Amador County
Butte County
Calaveras County
Colusa County
Del Norte County
El Dorado County
Glenn County
Humboldt County
Imperial County
Inyo County
Lake County
Lassen County
Madera County
Mariposa County
Mendocino County
Merced County
Modoc County
Mono County
Napa County
Nevada County
Placer County
Plumas County
San Benito County
Shasta County
Sierra County
Siskiyou County
Sutter County
Tehama County
Trinity County
Tuolumne County
Yolo County
Yuba County
RESOLUTION NO. DRAFT -2015
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON, CALIFORNIA
CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE TOWN'S JURISDICTION
IN THE CALIFORNIA HOME FINANCE AUTHORITY COMMUNITY FACILITIES
DISTRICT NO. 2014-1 (CLEAN ENERGY) TO FINANCE RENEWABLE ENERGY
IMPROVEMENTS, ENERGY EFFICIENCY AND WATER CONSERVATION
IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND
APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS
AUTHORITY RELATED THERETO
Recitals
WHEREAS, the California Home Finance Authority, a California joint powers authority,
(the "Authority") has established the Community Facilities District No. 2014-1(Clean Energy) in
accordance with the Mello -Roos Community Facilities Act, set forth in sections 53311 through
53368.3 of the California Government Code (the "Act") and particularly in accordance with
sections 53313.5(1) and 53328.1(a) (the "District"); and
WHEREAS, the purpose of the District is to finance or refinance (including the payment
of interest) the acquisition, installation, and improvement of energy efficiency, water
conservation, renewable energy and electric vehicle charging infrastructure improvements
permanently affixed to private or publicly -owned real property (the "Authorized
Improvements"); and
WHEREAS, the Authority is in the process of amending the Authority Joint Powers
Agreement (the "Authority JPA") to formally change its name to the Golden State Finance
Authority; and
WHEREAS, the Town of Tiburon is committed to development of renewable energy
generation and energy efficiency improvements, reduction of greenhouse gases, and protection
of the environment; and
WHEREAS, in the Act, the Legislature has authorized a parcel within the territory of the
District to annex to the District and be subject to the special tax levy of the District only (i) if the
Town or county within which the parcel is located has consented, by the adoption of a resolution
by the applicable Town council or county board of supervisors, to the inclusion of parcels within
its boundaries in the District and (ii) with the unanimous written approval of the owner or owners
of the parcel when it is annexed (the "Unanimous Approval Agreement"), which, as provided in
section 53329.6 of the Act, shall constitute the election required by the California Constitution;
and
WHEREAS, the Town wishes to provide innovative solutions to its property owners to
achieve energy efficiency and water conservation and in doing so cooperate with Authority in
order to efficiently and economically assist property owners the Town in financing such
Authorized Improvements; and
TIBURON TOWN COUNCIL
RESOLUTION NO. Draft -2015 09/02/2015 1
EXHIBIT NO. 6 _
WHEREAS, the Authority has established the District, as permitted by the Act, the Authority
JPA, originally made and entered into July 1, 1993, as amended to date, and the Town, desires to
become an Associate Member of the JPA by execution of the JPA Agreement, a copy of which is
attached as Exhibit "A" hereto, to participate in the programs of the JPA and, to assist property
owners within the incorporated area of the Town in financing the cost of installing Authorized
Improvements; and
WHEREAS, the Town will not be responsible for the conduct of any special tax proceedings; the
levy and collection of special taxes or any required remedial action in the case of delinquencies
in the payment of any special taxes in connection with the District.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This Town Council finds and declares that properties in the Town's incorporated
area will be benefited by the availability of the Authority CFD No. 2014-1 (Clean Energy) to
finance the installation of the Authorized Improvements.
2. This Town Council consents to inclusion in the Authority CFD No. 2014-1 (Clean
Energy) of all of the properties in the incorporated area within the Town and to the Authorized
Improvements, upon the request of and execution of the Unanimous Approval Agreement by the
owners of such properties when such properties are annexed, in compliance with the laws, rules
and regulations applicable to such program; and to the assumption of jurisdiction thereover by
Authority for the purposes thereof.
3. The consent of this Town Council constitutes assent to the assumption of
jurisdiction by Authority for all purposes of the Authority CFD No. 2014-1 (Clean Energy) and
authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each
and every step required for or suitable for financing the Authorized Improvements.
4. This Town Council hereby approves joining the JPA as an Associate Member and
authorizes the execution by appropriate Town officials of any necessary documents to effectuate
such membership.
5. Town staff is authorized and directed to coordinate with Authority staff to
facilitate operation of the Authority CFD No. 2014-1 (Clean Energy) within the Town, and
report back periodically to this Town Council on the success of such program.
6. This Resolution shall take effect immediately upon its adoption. The Town Clerk
is directed to send a certified copy of this resolution to the Secretary of the Authority.
PASSED AND ADOPTED at a regular meeting of the Town Council on September 2, 2015, by
the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
TIBURON TOWN COUNCIL
RESOLUTION NO. Draft -2015 09/02/2015 2
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL
FRANK DOYLE, MAYOR
TOWN OF TIBURON
RESOLUTION NO. Draft -2015 09/02/2015 3
Exhibit "A"
Exhibit "A" to this resolution is identical to Exhibit "A" attached to Exhibit 5
of the staff report and is not being duplicated separately in order to save
paper.
Lf
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
September 2, 2015
Agenda Item: Cc_ v
STAFF REPORT
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Department of Public Works
Recommendation to Award the Blackie's Picnic Meadow Project to Oak
Grove Construction, Inc.
C�
BACKGROUND
The Blackie's Picnic Meadow Project will turn an underused area of Blackie's Pasture between
Trestle Berm and the creek into a passive use picnic area with three picnic tables. Work includes
the removal of an existing asphalt pathway, installation of new asphalt and decomposed granite
paving, grading, hydroseeding, installation of benches, picnic tables and trash receptacles,
planting and irrigation. The project was included in the 2015/16 Capital Improvement Plan as
Blackie's Pasture Two and funded in the amount of $160,000.
The project was designed by Abbey Arnold Associates. The landscape architect's construction
estimate was $140,000. Bids for the project were opened on August 25, 2015.
The Town received the following five bids:
Oak Grove Construction $140,325.00
John Clay Engineering $148,889.00
Coastside Concrete $144,230.00
Alaniz Construction $186,000.81
Green Growth Construction $170,930.00
ANALYSIS
The Town Attorney and Public Works have reviewed the Oak Grove Construction bid and
determined that all bid requirements have been met.
Therefore, it is recommended that the Town Council award the bid to Oak Grove Construction,
Inc. in the amount of $140,325.00 and set out a project construction budget of $160,000 inclusive
of 14% contingency funding.
The Town put the project out for bid prior to receiving the permit from BCDC. This was done to
keep the project on schedule for completion this fall. As of the writing of the staff report the
permit has not yet been received. While staff does not anticipate any changes, the unknowns
involved in not having received a permit do increase risk.
TOWN OF TIBURON PAGE 1 OF 2
Town Council Meeting
September 2, 2015
Staff had planned on doing the construction management and inspection for this project in-house.
However, temporary staff shortages this fall (the Public Works Superintendent will be out on
medical leave) and the need to prepare for the predicted storms this winter make it advisable to
hire a construction management firm to inspect the project. Staff solicited proposals from
consultants and selected Green Valley Construction for the construction management and
inspection work. The proposal cost for Green Valley's work is $31,405.
FINANCIAL IMPACT
The Blackie's Picnic Meadow Project was included in the 2015/16 Capital Improvement Plan and
funded in the amount of $160,000. This is sufficient to cover the costs of the construction and
construction contingency.
The construction management costs are estimated at $31,405. A budget amendment is needed to
cover this cost.
Additionally there is continued work by the designer during construction and the continued
permitting process. This was funded for $30,000 in last year's budget but only $19,000 has been
spent to date. The funds were not carried over. A budget amendment of $11,000 is needed to
bring these costs forward into this fiscal year.
Therefore a budget amendment of $42,405 is requested to cover soft costs for the project. Total
soft costs for the project, including funds expended last year, are about 37% of the bid plus
contingency. Average benchmark soft costs for a park project between $100,000 and $350,000
are 66%.
RECOMMENDATION
Staff recommends that the Town Council:
1. Move to approve the award of contact for the Blackie's Picnic Meadow Project to Oak
Grove Construction in the amount not -to -exceed $140,325 with 14 percent contingency of
$19,675.
2. Move to approve a budget amendment of $42,405 to cover the soft costs of the project
from the Unallocated General Fund Reserves.
Prepared by: Patrick Barnes, Director of Public Works
TOWN OF TIBURON PAGE 2 OF 2